Alberto Nisman
Natalio Alberto Nisman was an Argentine lawyer who worked as a federal prosecutor, noted for being the chief investigator of the 1994 car bombing of a Jewish center in Buenos Aires, which killed 85 people, the deadliest terrorist attack in Argentina's history. On 18 January 2015, Nisman was found dead at his home in Buenos Aires, one day before he was scheduled to report on his findings before a Congress inquiry with supposedly incriminating evidence against high-ranking officials of the then-current Argentinian government including former president Cristina Fernández de Kirchner, regarding the Memorandum of understanding between Argentina and Iran.
Nisman's death was initially ruled a suicide by a group of forensic experts appointed by Argentina's Supreme Court in 2015. In 2017, Nisman's death was later determined to have been a homicide by a forensic group of the Gendarmerie.
In December 2017, Cristina Kirchner was indicted for treason by judge Claudio Bonadio. In March 2018, it was announced that she would be put on trial for an alleged cover-up of Iran's role in the AMIA bombing through the intended never-ratified Memorandum of understanding between Argentina and Iran. After analyzing the claims of the defendants in the case for the never-ratified Memorandum with Iran, on October 7, 2021, the Federal Oral Court 8 declared the case null and void. The judges concluded that there was no crime in the signing of the agreement with Iran and declared a judicial dismissal of Cristina Kirchner and the other defendants. In 2023, on appeal, the Federal Chamber of Cassation revoked the dismissal that Cristina Fernández de Kirchner had benefited from and ordered her to be tried for the alleged cover-up for which Alberto Nisman accused her regarding the Argentina-Iran Memorandum of Understanding. The relatives of the victims of the AMIA attack had demanded that the oral trial against the former president be held. The reasons are that "the accused persons are attributed to the organization of a complex criminal plan to achieve or favor the impunity of the Iranian citizens suspected of having participated in the terrorist attack on the AMIA headquarters through two parallel channels, one formal—with the signing of the memorandum of understanding—and another informal, with unofficial negotiations."
In April 2024, 30 years after the attack of AMIA, the Federal Chamber of Cassation ruled in a sentence that the government of Iran was the mastermind behind the attack and ordered its execution. The Cassation Chamber stated that Iran orchestrated the massacre and classified it as a crime against humanity. In a divided sentence, two of the three judges of this second instance tribunal ruled that the attack was part of Iran's political and strategic design and was executed by the terrorist organization Hezbollah, also considering Alberto Nisman's hypothesis as correct and corresponding with the alleged circumstances that originated the attack on AMIA, although the third judge, Ángela Ledesma, differing completely from her colleagues, refused to make any consideration of the responsibility of Hezbollah or Iran "taking into account that this topic is not part of the object of the appeals presented", and harshly criticized the original judicial investigation since it never followed through the so-called "Syrian trail" hypothesis for the attack, choosing instead to focus solely on Iran. However, the Cassation Chamber's ruling did not occur in the context of an official trial against those responsible for the AMIA attack, being instead part of a parallel process that was opened to investigate a cover-up carried out by the first judicial and government officials who were in charge of the "AMIA case" during the 1990s and early 2000s; the attack against the main community center of the Argentine Jewish community not only remains as the worst act of terrorism in the history of Argentina but also as one of the greatest examples of impunity three decades later: with none of the perpetrators arrested or a single suspect tried, those who received prison sentences were instead the first judge, paid informants, prosecutors and other officials who handled the original case and investigation.
The judge in charge of Nisman's death case since Bonadio's demise in 2020, Julián Ercolini, chose to partially take the Gendarmerie's forensic findings indicating a murder as well as ratifying the presumption of homicide, so that is the figure that still stands nine years after the death of the prosecutor, but far from finding the material authors, the investigation apparently remains determined to only search for whoever gave the alleged order to murder Nisman. Meanwhile, other files that also emerged from the main investigation are completely paralyzed, including a case for alleged money laundering that involves relatives of Nisman and his underling Diego Lagomarsino, a case for an undeclared bank account in New York and purchased lands in Punta del Este, and suspicious real estate ventures in Buenos Aires.
To date, and despite all the accusations, theories and alleged evidence collected about Nisman's death, no actual trial has been carried out to determine with complete certainty what really happened and formally sentence the guilty parties in case of murder.
Biography
Early life and career
Alberto Nisman was born to a middle-class Jewish family in Buenos Aires. He started his career as a prosecutor in Morón, Buenos Aires. He was married to judge Sandra Arroyo Salgado, with whom he had two daughters. Nisman was a non-observant Jew.He graduated from the University of Buenos Aires and served as a law clerk at the National Tribunals Courthouse. He was later appointed prosecutor in the suburban Morón, Buenos Aires, district.
AMIA Special Prosecutor
Nisman was appointed Special Prosecutor in charge of the AMIA bombing investigation on 13 September 2004. The probe into the 1994 terrorist attack against the Asociación Mutual Israelita Argentina had been marked by judicial misconduct, and had reached an impasse. On October 25, 2006, Nisman formally accused the government of Iran of directing the AMIA bombing, and the Hezbollah militia of carrying it out. According to the prosecution, Argentina had been targeted by Iran after Buenos Aires' decision to suspend a nuclear technology transfer contract to Tehran. In November 2007, following the accusation, Interpol published the names of six individuals officially accused for their role in the terrorist attack. They were entered in the Interpol red notice list: Imad Fayez Moughnieh, Ali Fallahijan, Mohsen Rabbani, Ahmad Reza Asghari, Ahmad Vahidi and Mohsen Rezaee.Nisman asked in 2008 for the detention of the former President Carlos Menem and Judge Juan José Galeano, who first presided over the AMIA case until his removal in 2004. WikiLeaks revealed that US diplomats considered that Nisman may have done this so as to be in good standing with President Cristina Fernández de Kirchner. He was considered a possible candidate for General Prosecutor of the Nation, after the resignation of Esteban Righi during the Boudougate scandal in 2012.
Santiago O'Donnell, a journalist and writer who published the books Argenleaks and Politileaks, both of which analyse the Wikileaks cable leak concerning Argentina's foreign and domestic policies, stated that during his investigation, he found clear and strong ties and "friendship" between Nisman, the CIA and the Embassy of Argentina in Washington, D.C. According to O'Donnell, the cables revealed Nisman had received recommendation from the US embassy to not investigate the Syrian clues in the AMIA bombing and the local connection of the terrorist attack, and that he was instead to assume certain guilt of Iranian suspects, although no trial had been conducted.
Nisman rejected the 2013 memorandum of understanding signed with Iran to investigate the case. Two years later, he accused President Cristina Kirchner, Foreign Minister Héctor Timerman and other politicians of covering up Iranian suspects in the case. The report was largely based on wiretap reports of close allies of Kirchner alleged to be "clearly acting on orders from her" and others, including Mohsen Rabbani, a former cultural attaché at Iran's embassy in Buenos Aires.
The accusation was also based on his stated belief that the administration had petitioned Interpol to lift Red Notices against numerous Iranian officials during said negotiations. The Secretary-General of Interpol at the time, Ronald Noble, noted on 15 January 2015 that no such requests had been made; "on each occasion that you and I spoke about the Interpol red notices issued in connection to the AMIA case, you stated that Interpol should keep the red notices effective," Noble wrote in an email addressed to Timerman. On the same day of Nisman's death, a recent interview with Noble was published by the newspaper Página/12; when asked about Nisman's belief and affirmation of the lifting of the Red Notices, Noble declared: "Prosecutor Nisman's assertion is false."
Federal Judge Daniel Rafecas dismissed the complaint, resubmitted to the courts by Federal Prosecutor Gerardo Pollicita, on 26 February. "The judge believes the minimum conditions to launch a criminal investigation have not been met, based on what the prosecutor presented," the Judicial Information Centre said in a statement. Rafecas noted in his ruling that "none of the two hypotheses of a crime put forward by prosecutor Pollicita in his writ stand up to the minimum level of scrutiny." Pollicita did not succeed Nisman as chief AMIA prosecutor; this office was headed as of 13 February by Sabrina Namer, Patricio Sabadini, Roberto Salum, and the prosecution task force coordinator, Juan Murray.
Death
Nisman was found dead at his home in Puerto Madero, Buenos Aires, on 18 January 2015 next to a Bersa Thunder 22 handgun, just hours before he was due to appear before Congress to discuss the allegations, and six days after publishing the 288-page report. According to the autopsy, Nisman had died the previous afternoon and had an entry bullet wound on the right temple with no exit wound. His body was found inside the bathroom, blocking the door, and there were no signs of forced entry or robbery in the apartment.Nonetheless, a locksmith who arrived at Nisman's apartment was quoted as stating that he found a hidden entrance to the apartment open upon his arrival.