Iran and Argentina’s Foreign Affairs Ministers sign memorandum of understanding (Photo: La Casa Rosada)
A federal court of appeals accepted an appeal for legal protection filed by Jewish organisations, and declared the Memoradum of Understanding (MoU) between Argentina and Iran over the AMIA case unconstitutional.
The ruling overturns the decision by the first instance judge, who had dismissed the lawsuit, on the grounds that the MoU encroaches upon the faculties of the judiciary. “The Memorandum is a bilateral agreement which, if executed, will generate mutual rights and obligations between Argentina and Iran regarding a matter that concerns [the Judiciary] exclusively,” the judges stated.
Speaking on behalf of the government, Justice Minister Julio Alak announced last night that the ruling will be appealed. However, its application will be suspended until a final verdict is reached. “This ruling encroaches upon the constitutional faculties of the Executive Power and the National Congress,” said Alak, adding that it also “temporarily suspends the possibility to apply the memorandum, because the executive will lodge an appeal and the final decision on how to interpret the Constitution lies with the Supreme Court of Justice.”
The aim of the MoU, which was drafted by the executive and passed into law by Congress in February last year, is to move forward the investigation into the bombing of the AMIA building in 1994, whose main suspects are Iranian. Its main points include the establishment of a Truth Commission, to be comprised of five members– two chosen by each country and one mutually decided; the arrangement for questioning to be held in Tehran, where Argentine officials will be able to interrogate Iranian suspects; and the call for a free exchange of evidence between Iran and Argentina and with the Commission.
Representatives from the Argentine Jewish community — such as AMIA and DAIA, the organisations that filed the lawsuit — questioned the agreement, claiming that negotiating with Iran is unproductive and compromises Argentina’s sovereignty.
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