Argentina Approves Trial in Absentia for Suspected Terrorists in AMIA Case
An Argentine judge has ruled that ten individuals, linked to Iran and Lebanon, will stand trial in absentia for their suspected involvement in the 1994 bombing of the Argentina-Israel Mutual Association (AMIA).
The AMIA attack resulted in the deaths of 85 people and left hundreds injured. At the time, it was considered the deadliest terrorist incident in the Western Hemisphere until the events of September 11, 2001. Those being tried include current and former Iranian officials and suspected members of Hezbollah, alongside citizens from Iran and Lebanon.
Argentine authorities identified these individuals many years ago as masterminds or enforcers of the attack. Notably, another bombing in 1992 targeted the Israeli embassy in Buenos Aires, claiming 29 additional lives. Iran has consistently denied allegations linking it to the AMIA bombing, accusing Argentine officials of misusing justice and showing a lack of cooperation with investigations. Crucial evidence includes Interpol Red Notices issued for several senior Iranian officials.
Traditionally, Argentina does not conduct trials in absentia. However, recently, current President Javier Milei characterized Iran as an “enemy of Argentina.” In February, legislation was passed allowing such trials, with the AMIA case being its first significant application.
Judge Daniel Rafecas approved the trial for the ten fugitives, including General Ahmad Vahidi, a commander of Iran’s Islamic Revolutionary Guard Corps (IRGC). Vahidi assumed leadership following the death of his predecessor during an Israeli airstrike. Israel claims Iran violates international nuclear non-proliferation commitments and has initiated military actions based on this premise.
Other individuals in this trial include high-ranking officials such as Ali Akbar Velayati and Mohsen Rezai, who is also a senior IRGC officer. Rafecas sanctioned this trial against other accused members from Iran and Hezbollah.
To date, these individuals have not engaged with the Argentine legal system, despite having had opportunities over the years. Their legal representatives argued that the trials were unconstitutional but were ultimately unsuccessful. Judge Rafecas contended that conducting trials in absentia is warranted in exceptional circumstances, especially to ensure that victims receive justice.
“In serious international crimes such as genocide and war crimes, the accused often have the means to evade justice,” stated the judge in his ruling. He expressed concern that without these trials, fugitives might remain indefinitely outside the reach of the law, leaving victims without resolution.
Rafecas stressed the importance of utilizing the judicial system, particularly in cases involving severe international crimes.
The journey toward justice for AMIA victims has been fraught with challenges, significantly influenced by various Argentine governments aiming to foster better relationships with Iran. Despite a Red Notice from Interpol in 2006, little action was taken for years. Notable was the prosecution of Alberto Nisman, who accused then-President Cristina Fernández de Kirchner of colluding with Tehran to shield the perpetrators in exchange for trade benefits.
Nisman was found dead from a gunshot wound on the eve of presenting his findings to Congress in January 2015, with the circumstances surrounding his death raising suspicions. He was followed by a period under former President Mauricio Macri, who distanced his administration from the memorandum established with Iran, although only minimal progress was made. In 2019, Fernández de Kirchner returned to the political scene as vice president, and more recent developments under President Javier Milei have seen an acceleration in legal processes related to the AMIA case.
In addition to the laws enabling trials in absentia, Milei’s administration initiated federal criminal proceedings against the Iranian government and Hezbollah, holding them accountable for the AMIA attacks that occurred three decades ago. In April, prosecutor Sebastián Basso sought an arrest warrant for Iran’s Supreme Leader, Ayatollah Ali Khamenei.
