Alberto Nisman

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Alberto Nisman
Alberto Nisman Infobae screenshot 2013.jpg
Nisman during an Infobae interview, November 2013
Born Natalio Alberto Nisman
(1963-12-05)5 December 1963
Buenos Aires, Argentina
Died 18 January 2015(2015-01-18) (aged 51)
Buenos Aires, Argentina
Cause of death Homicide (Confirmed on 1 June 2018)
Resting place La Tablada's Jewish cemetery[1]
Nationality Argentine
Occupation Lawyer
Known for Prosecutor of the AMIA bombing case

Natalio Alberto Nisman (5 December 1963 – 18 January 2015) was an Argentine lawyer who worked as a federal prosecutor, noted for being the chief investigator of the 1994 car bombing of the Jewish center in Buenos Aires, which killed 85 people, the worst terrorist attack in Argentina's history.[2][3] On 18 January 2015, Nisman was found dead at his home in Buenos Aires,[4][5] one day before he was scheduled to report on his findings, and where there was believed to have been incriminating evidence against high-ranking officials in the previous Argentinian government. His death has been confirmed to have been a homicide on the 1 June 2018, highly believed to have been ordered by the then president Cristina Fernández de Kirchner, who Nisman claimed was responsible for the AMIA bombing.

Biography[edit]

Early life and career[edit]

Alberto Nisman was born to a middle-class Jewish family in Buenos Aires.[6] 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.[7] Religiously he was not observant.[8]

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.[9]

AMIA Special Prosecutor[edit]

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 (AMIA) had been marked by judicial misconduct, and had reached an impasse.[10] On October 25, 2006, Nisman formally accused the government of Iran of directing the AMIA bombing, and the Hezbollah militia of carrying it out.[11][12][13][14] According to the prosecution, Argentina had been targeted by Iran after Buenos Aires' decision to suspend a nuclear technology transfer contract to Tehran.[15] 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:[16] Imad Fayez Moughnieh, Ali Fallahijan, Mohsen Rabbani, Ahmad Reza Asghari, Ahmad Vahidi and Mohsen Rezaee.[17]

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.[7] 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..[18][19] 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,[20][21] and that he was instead to assume certain guilt of Iranian suspects, although no trial had been conducted.[22][23]

Nisman rejected the 2013 memorandum of understanding signed with Iran to investigate the case.[7] Two years later, he accused President Cristina Kirchner, Foreign Minister Héctor Timerman and other politicians of covering up Iranian suspects in the case.[24] The report was largely based on wire tap 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.[25]

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.[26] 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."[27]

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 (CIJ) 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."[28] 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.[29]

Death[edit]

Demonstration remembering Nisman in 2016

Nisman was found dead at his home in Puerto Madero, Buenos Aires, on 18 January 2015 with a Bersa Thunder 22 handgun nearby just hours before he was due to explain his allegations to Congress,[4][5][30][31] and six days after publishing the 288 page report.[32][33] According to the autopsy, Nisman 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 and blocking the door, and there were no signs of forced entry or robbery in the apartment.[34] 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. [35]

Investigation[edit]

The death of Nisman is under investigation by Federal Judge Emma Palmaghini and Special Prosecutor Viviana Fein. It is known that the death was a murder, as confirmed on 1 June 2018.[36] Several items from the crime scene have been considered so far, attempting to clarify the circumstances of the event.

Nisman was found next to a Bersa gun, .22 caliber. It has been confirmed that it was the killing weapon, that there was a single shot, and that it was fired point blank to his head.[37] Nisman had two registered guns, but this gun did not belong to him; it belonged to his assistant Diego Lagomarsino, who lent it to him.[37] Of the other two guns, one was transferred in 2009, and the other has not been found.[37] The paraffin test did not reveal any gunshot residue on Nisman's hands, suggesting that he may not have fired the gun himself.[37] The results of such a test, however, may not be conclusive, as the gun involved is of small caliber and may leave no trace.[38] His body did not have signs of physical attacks, and Fein commented that there were no items suggesting the presence of other people in the crime scene.[37] Fein announced on 9 February, however, that DNA from a second person was found on a coffee cup in the kitchen sink.[38]

It is still unknown whether Lagomarsino was the last person to see Nisman alive, and Fein is investigating the security tapes to clarify that point.[37] Nisman's last phone calls are also under investigation.[37] His bodyguards had not been present since the previous Friday, and returned that Sunday at noon. Although they received no reply from Nisman, who was dead, they did not report the lack of communication immediately or call 911, and refused the help of medics from the SAME (which deals with medical emergencies).[37]

Nisman had already submitted his complaint and wiretap transcripts to Judge Ariel Lijo on 14 January.[26] It was reported, both in the media and in comments to relatives, that he felt confident about his performance.[37] Nisman had also written a grocery list for the following day, which was also found at the house.[37] One of his last WhatsApp messages, for his relatives and friends, said "Estoy mejor que nunca y más temprano que tarde la verdad triunfa" (Spanish: "I'm better than ever and sooner than later the truth prevails").[37] Some who knew Nisman well, including Congresswoman Cornelia Schmidt-Liermann, said that he had been living under constant threats on his life since he began his investigation 10 years earlier.[30][39]

Fein announced on 3 February 2015 that Nisman had drafted warrants for the arrest of President Cristina Fernández de Kirchner and Héctor Timerman, Argentina’s Foreign Minister, before his death. The 26 page document was found in the garbage in Nisman's apartment.[40]

Senior Secretariat of Intelligence officer Antonio "Jaime" Stiusso, who conducted many of the wiretaps ordered by Nisman, had been dismissed in a December 2014 agency shakeup and had persuaded Nisman to dismiss his 10-man security detail days before his death.[41] Stiuso presented himself on 18 February for questioning by Special Prosecutor Fein after initially evading the subpoenas. Facing unrelated charges of smuggling, he reportedly fled the country for neighboring Uruguay a week later in a black pickup registered to one of the companies allegedly involved in the smuggling operation.[42]

In June 2015 a video was released of the crime scene investigation showing police allegedly tampering with evidence by neglecting certain precautionary measures.[43]

Private investigation[edit]

In early March 2015, a private investigation that was initiated by Nisman's family, the investigation concluded that Nisman's death was not suicide but was an act of homicide.[44] The report, which was performed by experts of Judge Arroyo Salgado, included photos of Nisman's body and was about 100 pages in length.[44]

Reactions[edit]

Demonstration asking Justice for Nisman in 2016

Public protests took place following his death, accusing the Argentine government of corruption.[30] Suspicions were raised by the rapidity with which the incident was officially declared a suicide. President Kirchner reversed her initial statement and declared on 22 January 2015 that she believed that it was not a case of suicide.[30][45][46]

Nisman's death caused an international stir and captivated media attention throughout the world.[47][48] A letter was delivered by historian Richard Gott and 29 other British journalists, artists, and intellectuals to the Argentine Embassy in London rejecting the "political use" of either the AMIA bombing or Nisman's death.[49]

In the week following Nisman's death President Kirchner declared her determination to dissolve the Argentine Secretariat of Intelligence in favor of a Federal Intelligence Agency, an agency with new functions and closely controlled by the General Prosecutor's office.[50][51]

Many Argentinians believe that it was CFK who ordered Nisman's death, possibly because he knew a dark truth about her. During the 2015 presidential election, it is commonly thought that this recent incident might have affected the public opinion, and made many people reconsider their options, before finally concluding that Cristina's party, the kirchnerist party, should not continue to be in power, and later that year President Mauricio Macri won the elections.

See also[edit]

References[edit]

  1. ^ "Sepultan restos de Nisman en cementerio judío tras emotivo cortejo fúnebre" (in Spanish). Santiago de Chile: Emol.com. 29 January 2015. Retrieved 30 January 2015. 
  2. ^ "Jewish centre bombing: Argentine prosecutor Nisman found dead". BBC News. 19 January 2015. 
  3. ^ "An explosion within an explosion", The Economist, UK, Jan. 19, 2015
  4. ^ a b "Muerte de Nisman: la media hora que es un agujero negro en la causa" [Nisman's death: the half-hour which is a black hole in the case]. Infojus Noticias (in Spanish). Ifnojus Noticias. 11 February 2015. Retrieved 8 July 2015. El médico de Swiss Medical ... no tenía dudas de que se trataba de una muerte violenta... 
  5. ^ a b "Los enigmas del caso Nisman" [The mysteries of the Nisman case]. La Nacion (in Spanish). La Nacion. 9 March 2015. Retrieved 8 July 2015. 23 hs - Llega la ambulancia de Swiss Medical y constantan la muerte. 
  6. ^ Joshua Partlow and Irene Caselli, After 17 years on Argentine bomb case, prosecutor was sure ‘truth will triumph’, Washington Post, February 1, 2015
  7. ^ a b c "Quién era el fiscal Natalio Alberto Nisman" [Who was the prosecutor Natalio Alberto Nisman] (in Spanish). La Nación. January 19, 2015. Retrieved January 17, 2015. 
  8. ^ David Horovitz, Who will obtain justice for Alberto Nisman?, Times of Israel, 19 January 2015
  9. ^ "¿Quién era y cómo pensaba el fiscal Alberto Nisman?". Perfil. 19 January 2015. 
  10. ^ "Cronología del caso AMIA a 20 años del atentado". BBC News. 18 July 2014. 
  11. ^ Julian Obligio y Diego Naveira (2014). "Chapter 9: Rewriting History in Argentina". Iran's Strategic Penetration of Latin America. Lanham, Maryland, Lexington Books. p. 81/92. ISBN 9780739182666. 
  12. ^ "Argentina, Iran reach deal on 1994 bombing inquiry". YNet. 28 January 2013. 
  13. ^ "Iran, Hezbollah charged in 1994 Argentine bombing". Daily Jang. October 25, 2006. Archived from the original on September 1, 2007. Retrieved October 25, 2006. 
  14. ^ "Iran charged over Argentina bomb". BBC News. October 25, 2006. Archived from the original on 7 November 2006. Retrieved October 25, 2006. 
  15. ^ Acusan a Irán por el ataque a la AMIA, La Nación, October 26, 2006
  16. ^ INTERPOL
  17. ^ INTERPOL Executive Committee takes decision on AMIA Red Notice dispute
  18. ^ Santiago O`Donnell: “"Nisman used to bring forward his rulings to the US Embassy and he took his drafts so it could correct them."” Radio Nacional Calafate (in Spanish)
  19. ^ "Nisman told me that Stiusso, who is the link to the CIA and the Mossad, gives him all the information" Radio Nacional Argentina (in Spanish)
  20. ^ The prosecutor, the embassy and the secret services/El fiscal, la embajada y los servicios 2015-01-20, Pagina/12 (in Spanish)
  21. ^ Nisman in Wikileaks/Nisman en Wikileaks 2015-01-15, Pagina/12 (in Spanish)
  22. ^ The Wikileaks cables on the AMIA case and the crack in the media - By Rodrigo Lloret 01/28/2015, Perfil (in Spanish)
  23. ^ AMIA case: "Nisman went to the US embassy and they told him he had to accuse Iran" 01.15.2015, Télam (in Spanish)
  24. ^ "AMIA prosecutor accuses CFK, Timerman of 'covering up' Iran's involvement in bombing". Buenos Aires Herald. 14 January 2015. 
  25. ^ "Argentina's President Kirchner Named in Criminal Complaint". Wall Street Journal. 2015-01-15. Archived from the original on 2015-02-20. Retrieved 2015-02-20. 
  26. ^ a b "Five key days: from accusations to tragedy". Buenos Aires Herald. 20 January 2015. 
  27. ^ Former Secretary General of Interpol Ronald Noble talks about the complaint: "What Nisman says is false" 01-18-2015, Página/12 (in Spanish)
  28. ^ "Judge Rafecas dismisses AMIA cover-up charge against President Cristina Fernández de Kirchner". Buenos Aires Herald. 26 February 2015. 
  29. ^ "Four prosecutors to probe '94 bombing". Buenos Aires Herald. 14 February 2015. 
  30. ^ a b c d "Mystery clouds death of Argentine prosecutor set to testify", Washington Post, Jan. 20, 2015
  31. ^ "Argentine Prosecutor Is Found Dead After Accusing President". Bloomberg News. 19 January 2015. 
  32. ^ "Argentina Nisman death: Hundreds of thousands rally". BBC News. 2015-02-19. Retrieved 2015-02-19. 
  33. ^ Nisman, Alberto (2015-01-13). "Formula Denuncia, Ministerio Público de la Nación (Spanish) - Formal Allegation of complicity of President Kirchner and Foreign Minister Héctor Marcos Timerman" (PDF). Ministerio Público de la Nación. Archived from the original (PDF) on 2015-02-20. Retrieved 2015-02-20. 
  34. ^ "Officials: Argentine prosecutor died in locked apartment". Times of Israel. 20 January 2015. 
  35. ^ Alexander, Harriet (21 January 2015). "Alberto Nisman's service door was 'open' says locksmith, as secret third entrance found". The Telegraph. Retrieved 2015-07-11. 
  36. ^ "La Cámara Federal confirmó que Alberto Nisman fue asesinado por su denuncia contra Cristina Kirchner". Infobae (in Spanish). Retrieved 2018-06-03. 
  37. ^ a b c d e f g h i j k "Certezas vs. Incógnitas" [Certainties vs. unknown things] (in Spanish). La Nación. January 25, 2015. Archived from the original on 2015-02-20. Retrieved January 27, 2015. 
  38. ^ a b "Judge confirms DNA profile different to Nisman's found". Buenos Aires Herald. 10 February 2015. 
  39. ^ "Argentine prosecutor who accused Cristina Kirchner over 1994 bombings found dead", The Telegraph, UK, Jan. 19, 2015
  40. ^ Simon Romero, "Draft of arrest warrant for Argentine president found at dead prosecutor’s home" NY Times via National Post. February 3, 2015.
  41. ^ "Dead prosecutor was a 'soldier' of ex-Argentine spy boss". Reuters. 6 February 2015. 
  42. ^ "Argentinian ex-spy accused of tax fraud as allegations swirl in Fernández scandal". The Guardian. 26 February 2015. 
  43. ^ Calatrava, Almudena (Jun 2, 2015). "Police allegedly tampered with crime scene in death of Argentine prosecutor who accused president of corruption". Business Insider. 
  44. ^ a b "Nisman "no se suicidó, lo mataron", según peritos de su familia". El Impulso. 5 March 2015. Retrieved 8 March 2015. 
  45. ^ Adam Chandler, 'The Extremely Suspicious Death of Victim #86,' The Atlantic, 22 January 2015.
  46. ^ "Argentine leader convinced Nisman death was no suicide", BBC news, 22 January 2015
  47. ^ Filer, Tanya; Fredheim, Rolf (2016). "Sparking debate? Political deaths and Twitter discourses in Argentina and Russia". Information, Communication & Society. 19 (11): 1539–1555. doi:10.1080/1369118X.2016.1140805. 
  48. ^ "Why the death of an Argentine prosecutor is captivating the world", The Washington Post, 21 January 2015.
  49. ^ "British intellectuals reject political use of AMIA tragedy". Buenos Aires Herald. 20 February 2015. 
  50. ^ "Argentine President Kirchner to disband intelligence agency". BBC News. 27 January 2015. 
  51. ^ Calero, Cesar G. (27 January 2015). "Cristina Fernández disuelve la Secretaría de Inteligencia tras el 'caso Nisman'". El Mundo (in Spanish). Retrieved 27 January 2015. 

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