VZCZCXYZ0006
PP RUEHWEB

DE RUEHBU #1461 2981229
ZNR UUUUU ZZH
P 241229Z OCT 08
FM AMEMBASSY BUENOS AIRES
TO RUEHC/SECSTATE WASHDC PRIORITY 2317
RHEHNSC/NSC WASHINGTON DC
INFO RUCNMER/MERCOSUR COLLECTIVE
RUEHGV/USMISSION GENEVA 0736
RUEHUNV/USMISSION UNVIE VIENNA 0205
RUCNDT/USMISSION USUN NEW YORK 0260

UNCLAS BUENOS AIRES 001461 
 
SENSITIVE 
SIPDIS 
 
NSC FOR ZARATE 
 
E.O. 12958:  N/A 
TAGS: PTER PREL PHUM PGOV ASEC IR AR
SUBJECT: ARGENTINA RECEIVES IRAN'S NOTIFICATION THAT IT WILL NOT 
COOPERATE IN AMIA EXTRADITIONS, INVESTIGATION 
 
REF: A) Buenos Aires 1420 
B) Buenos Aires 1333 
 
¶1. (U) The Argentine Foreign Ministry received October 22 Iran's 
formal rejection of its extradition requests for eight Iranian 
individuals, including ex-President Hashemi Rafsanjani, wanted for 
trial in connection with the 1994 bombing of the AMIA Jewish 
community center in Buenos Aires that killed 85 people.  Argentina 
had secured Interpol capture notices on five of the individuals. 
The Iranian response was forwarded immediately by the Ministry to 
presiding judge Rodolfo Canicoba Corral and then made available to 
the press.  It was signed by an Iranian prosecutor named Rumiani. 
 
¶2. (U) The Iranians offered a reportedly heated 19-page rebuttal to 
the Argentina extradition request.  Among other things, it argued 
that the lack of a bilateral legal cooperation treaty between the 
two countries meant that the Iranian justice system was required to 
make a determination as to the validity of the charges.  Not 
surprisingly, the Iranians found the evidence wanting, with many 
"ambiguities" and unanswered questions.  Rumiani questions the 
hypothesis that a car bomb (carried by a vehicle linked to Iranian 
diplomats) destroyed the center, building on alternative theories 
speculating that a bomb planted inside the building was used.  The 
Iranian rebuttal charges the Argentines with relying on Iranian 
sources in the political opposition, some of whom are considered 
members of "terrorist organizations."  The first Argentine 
prosecutor, Juan Jose Galeano, is also accused of bribing a key 
witness.  The response reportedly includes an offer to consider 
other evidence as it is developed but rejects the idea of answering 
specific information requests put forward by Judge Canicoba. 
 
¶3. (U) Although Iranian diplomats had previously made clear that 
their government rejected the accusations, this was the first formal 
response to Argentina's extradition requests.  Judge Canicoba said 
it was up to the Government of Argentina to determine whether to 
characterize the Iranian response as "non-cooperative," but gave his 
assessment that it appeared to be just that.  According to Special 
AMIA Prosecutor Alberto Nisman, the Iranian response did not 
directly respond to any of the Argentine accusations in the case and 
that the Argentine capture requests through Interpol would remain in 
force.  On October 23, Judge Canicoba acted on Nisman's request that 
he issue an order freezing the assets of the accused, something that 
Nisman said he would then seek to have transmitted to the 
Governments of Iran and Lebanon for action (ref A). 
 
¶4. (U) The President of the Argentine Jewish umbrella organization 
DAIA, Aldo Donzis, responded immediately to condemn the Iranian 
response.  He described it as in direct defiance of the 
international community, noting that over one hundred countries 
represented at Interpol "could not be wrong" after having 
unanimously approved the capture orders.  The Israeli Ambassador and 
Argentine victims associations also issued critical statements. 
 
¶5. (U) Ambassador Wayne responded to press inquiries with the 
following statement: 
 
"The Embassy reiterates its firm support for Argentina's request 
through Interpol to bring the alleged Iranian planners and 
participants in the AMIA attack to justice.  President Fernandez de 
Kirchner reconfirmed Argentina's commitment at the UN General 
Assembly that the suspects would be given ample and full rights as 
defendants under Argentine due process, and we have confidence that 
they will be afforded a fair judicial hearing.  The United States 
Government calls on Tehran to accept the international community's 
insistence that it bring to justice those suspects in the terrible, 
immoral attacks on the AMIA." 
 
End text of press release. 
 
¶6. (U) The Ambassador's reaction was carried in highest circulation 
daily "Clarin," several wire services, several provincial papers and 
a number of radio programs the morning of October 23. 
 
WAYNE