US embassy cable - 05BUENOSAIRES461

C O N F I D E N T I A L BUENOS AIRES 000461 
 
SIPDIS 
 
DEPT. FOR L, S/CT, WHA/BSC, WHA/PPC 
NSC FOR TOM SHANNON AND KIM BREIER 
FBI FOR CTD/IRAN-HIZBALLAH UNIT FOR SSA ANDREW WILSON 
 
E.O. 12958: DECL: 02/27/2015 
TAGS: PTER, PREL, KCRM, IR, AR, AMIA 
SUBJECT: GOA REQUESTS USG ASSISTANCE REINSTATING INTERPOL 
"RED NOTICES FOR CAPTURE" OF SUSPECTS IN 1994 AMIA 
TERRORIST ATTACK 
 
REF: 04 BUENOS AIRES 2540 
 
Classified By: AMBASSADOR LINO GUTIERREZ FOR REASONS 1.4(B) AND (D) 
 
1.  (U)  This is an action request. Please see paragraph 5. 
 
2. (C) On February 28, Interior Minister Anibal Fernandez 
contacted Ambassador to request USG assistance in obtaining 
the reinstatement of the Interpol "Red Notices for Capture" 
for 12 Iranian suspects wanted for questioning by the GOA in 
connection with the 1994 terrorist bombing in Buenos Aires of 
the AMIA Jewish Community Center.  Argentine Interpol Chief 
Luis Fuensalida is traveling to Lyon this week for meetings 
at Interpol and will be raising this issue.  According to 
inquiries by LegAtt with the Washington, D.C.-based U.S. 
National Central Bureau (USNCB), the Red Notices were 
suspended on October 3, 2004, by the Interpol Secretary 
General's (SG) Office of Legal Affairs following the 
acquittal in the case here September 2, 2004, of 22 Argentine 
defendants accused of complicity in the bombing (reftel). 
 
3. (C) Normally, the original requesting country is the party 
that asks that a Capture Order be amended or rescinded.  In 
the September 2, 2004, acquittal judgement of the Argentine 
defendants, serious questions were raised by the Oral 
Tribunal concerning the investigation and actions of the 
original federal investigative judge, prosecutors and various 
Menem-era government officials.  According to LegAtt 
inquiries with USNCB, these questions were cited by the 
Government of Iran in requesting that Interpol rescind the 
Capture Orders.  Apparently, the SG felt that, given the 
summary opinion of the Oral Tribunal, there was enough merit 
in the Iranian request, and ordered the Red Notices be 
suspended for 30 days on October 3, 2004, pending 
investigation.  This suspension has been subsequently 
extended on a month-by-month basis.  (Note: apparently USNCB 
sent a request to the SG shortly after the Red Notices were 
suspended, questioning the reason for the suspension.  To 
date, USNCB has received no response from the SG.  End Note.) 
 
4. (C) Comment: It is understandable that there could be some 
confusion regarding the status of the AMIA 
investigation/trial following the September 2004 acquittals 
of the Argentine defendants.  The three-year trial focused 
almost exclusively on this "local connection," and, with the 
failure of the prosecution to prove this link, that aspect of 
the case has closed.  The international connection and its 
investigation (however moribund its pursuit had been) still 
remain open, and the GOA is now very anxious to take up the 
trail again.  The Interpol Red Notices are substantively and 
symbolically important, and the USG should be as supportive 
as possible.  End Comment. 
 
5. (C) Action Request:  Post strongly recommends that 
Department coordinate with the USNCB to engage the Interpol 
Secretary General's office at the earliest opportunity to 
 
SIPDIS 
express the USG's strong support for Argentina's request that 
the Red Notices be reinstated. 
 
6.  (U) To see more Buenos Aires reporting, visit our 
classified website at: 
http://www.state.sgov.gov/p/wha/buenosaires 
GUTIERREZ