In a world shattered by mistrust, threats, and unilateralism, Iran and Argentina have agreed to discover the truth about the AMIA case. To this eﬀect, the foreign ministers of Iran and Argentina signed a memorandum of understanding on January 27, 2013 calling for the establishment of a Truth Commission composed of ﬁve independent lawyers.One should not fail to appreciate the efforts made by both foreign ministers to show the world that in the midst of world turbulence it is still possible to settle disputes between countries through understanding and just means on a mutually agreed basis. Over the past 19 years, the Iranian authorities have constantly insisted that the truth about this case should be discovered because the original case was upheld by a corrupt and partial judge. Iran not only was not afraid of the truth being discovered but was also insisting that the entire world should know the truth about this case. Therefore, this agreement is strictly in line with the Iranian diplomatic position.
This is why the MOU states that the commissioners “should conduct a thorough review of the evidence related to each accused person” (Article 3). The commissioners, after having reviewed the evidence, “will express views and issue a report” also containing recommendations in the “framework of laws and regulations of both parties” (Article 4). We hope that through this report, light will be shed on the dark aspects of this case and we will ﬁnally ﬁnd out who was really behind this terrorist attack, or at least understand against whom false accusations were made without any hard evidence for all these years.
If independent lawyers discover the truth, it would beneﬁt Argentina, too, because knowing the truth is the prerequisite for justice and ﬁnding out that the investigation was following wrong leads would help to ﬁnally put the course of justice back on the right track. Argentina also may understand that in such cases, one should ﬁrst look into his own house for clues.
The MOU also provides the possibility of questioning the accused persons at a meeting that will be held in Tehran with the participation of Iranian and Argentine judicial authorities, with the commissioners also present (Article 5). Some commentators have raised the concern that the executive power may have exceeded its limits and interfered with judicial issues by agreeing on this issue or that somehow this act may violate the rights of individuals.
For several reasons, we don’t believe that the law or the rights of individuals have been violated. First of all, if the report shows -- and we are sure it will -- a lack of evidence for the accusations against innocent persons, they should be compensated, and by virtue of the MOU there is no need anymore for questioning these people because both countries have agreed that “they will take into account the recommendations [of the commissioners] in their future actions” (Article 4).
This meeting cannot be held until the report of the commission is issued.Secondly, as the meeting will take place in Iranian territory, the law of Iran will prevail, and an Iranian judge shall preside over the meeting, but since the persons have not been charged by the Iranian judge, he will not be permitted to question them. Finally, it is clear that our diplomacy has taken into account the rights of individuals while negotiating this MOU.
This is why it reads “nothing in this agreement shall jeopardize the rights of individuals granted to them by law” (Article 8). According to Iranian law and the Iranian Constitution, Iranian nationals can only be summoned and questioned by a competent Iranian court based on ﬁrm evidence. By the same token, this MOU has created no obligation for the persons to attend this meeting, and they will have the right to decide to attend or not through their own free choice.
As we see, the whole process devised by our diplomats more than anything else focuses on ﬁnding the truth. And that is the fact which our country has been insisting on about this case and other similar cases for all these years -- namely that the United States and the Zionist regime have been manipulating corrupt judges and weak politicians to serve their illegitimate political interests under the disguise of justice.
We hope the legislatures of both countries will soon ratify this MOU in order to pave the way for the truth to be discovered and justice to be served.
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