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Argentina will face reforms to promote an ‘trial in absence’ in the ‘AMIA case’

The Government of Argentina “works at full speed” to face reforms to promote a ‘trial in absence’ for the attack committed in 1994 against the Argentine Israeli Mutual Association (AMIA).

The terrorist act left 85 dead and 300 injured and remains unpunished, since it is not possible to judge it with the current legislation.

After the ruling issued by Chamber II of the Federal Chamber of Cassation in ‘Case AMIA II’, which declared as a “crime against humanity” the attack on the headquarters of the AMIA and seals the then Iranian Government and the Lebanese militia Hizbulá of these events, the Argentine Minister of Security, Patricia Bullrich, made that announcement at a press conference.

Although local media reported that the Executive raised the anti-terrorist alert and strengthened security around embassies and airports, Bullrich did not talk about it and limited himself to loading the inks on former Peronist president Cristina Fernández (2007-2015).

According to Bullrich, Fernández “wanted to hide (Iran’s terrorist character) behind a nefarious memorandum that led us to negotiate with the terrorists instead of moving forward with the investigation.”

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With this he referred to the Memorandum of Understanding with the Islamic Republic of Iran, signed in 2013, with the aim of bringing positions closer to move forward with the investigation. Despite its approval by the Argentine Congress, the measure was prosecuted and, in May 2014, the law that approved the pact was declared unconstitutional, which never entered into force, because the Iranian Parliament never ratified it.

“The truth is that yesterday was a great day for Argentina,” he said.

The ‘trial in absence’, which is not possible according to Argentine legislation, although there are several bills that seek to enable it, was one of the reforms suggested by the judges of the Criminal Cassation Chamber who issued the ruling.

In addition to being the largest terrorist attack on Argentine soil, the attack on the AMIA was also the largest on Jewish targets outside Israel since World War II.

The Jewish community in Argentina, the largest in Latin America and the fifth in the world, celebrated the ruling, although it demanded an end to impunity for its leaders.

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In a statement, the AMIA stated that it receives “in a favorable way” the claim that the attack “responded to a political decision” by Iran, executed by Hizbulah.

According to the entity, on several occasions the AMIA “has expressed that the judicial file accredits multiple evidence, and contains numerous evidences that allowed to establish, from the beginning of the investigation, the role of Iran and its active participation in the decision, organization and financing of the terrorist attack.”

However, he demanded that the intellectual and material responsible “be judged and serve their sentences for the atrocious crime against humanity they committed.”

“Impunity in the AMIA cause is a shameful mark for Argentine history and a debt of democracy,” the text added.

Therefore, and with three months to go before the 30th anniversary of the attack, the entity said that “it will not be satisfied with the arrival of widely known conclusions,” since it considers it “unacceptable” that local legislation is “the same” as at the beginning of the investigation, and asked for the development of “a legal framework that allows improving the conditions of investigation, intelligence, prevention and punishment.”

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Also the president of the Delegation of Argentine Israeli Associations (DAIA), Jorge Knoblovits, opined that the ruling issued on Thursday was a cause for celebration for the Jewish community: “We must applaud these judges, who have had courage and probity.”

The DAIA recalled that “this is the line of investigation of the complaint of the prosecutor (Alberto) Nisman,” who led the investigations for 10 years until he was found dead at home on Sunday, January 18, 2015 in strange circumstances; the case, which was characterized as homicide in 2018, remains unresolved.

International

Armed clashes in northwestern Pakistan leave at least 35 dead and 50 injured

Armed clashes between Sunni and Shii groups in the Kurram tribal district, in the province of Khyber Pakhtunkhwa (KP), in northwestern Pakistan, left at least 35 dead and 50 injured, the police confirmed to EFE on Saturday.

The violence that broke out last night comes two days after an ambush by an unidentified armed group to a passenger convoy in this same district, which killed 42 people, most of them Shiites, when they were traveling on a road escorted by security forces.

“Armed Shiites attacked Sunni houses and shops in the towns of Bagan and Bacha Kot, in which 35 people on both sides died and more than 50 were injured,” Mujahid Ullah, a Kurram police control officer, told EFE.

In the attack, “1,036 houses and 315 stores, mostly Sunnis, have been set on fire since the assault began around 6:00 p.m.” on Friday, he added.

Sectarian violence

Pakistan has a history of sectarian violence, but the latest clashes are claiming the highest number of victims in recent years. The Shiite Muslim minority represents about 15% of Pakistan’s 240 million inhabitants, a Sunni majority.

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“In this situation it is difficult for the police to arrest someone involved in the violence,” said today the police officer who estimates that the death toll could increase, since shootings continue in some areas.

Verified images shared on social media show markets, houses and government buildings destroyed by fire.

The attack is apparently a reaction to the one recorded on Thursday to passenger vans that resulted in 42 deaths, including women and children.

The Thall-Sada-Parachinar highway, where Thursday’s ambush took place, has remained closed as authorities struggle to reinforce an unstable peace. Both sides attack each other with heavy and automatic weapons.

“The elderly and government officials have gathered at Kurram’s headquarters, to calm the situation,” Ullah revealed, adding that educational institutions in the district are closed due to growing tension.

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No Internet or telephony

Internet and mobile phone services are also suspended throughout the district.

The Kurram district of KP is located on the border with Afghanistan, where a major land dispute that began in 2007 continued for several years and ended in 2011 with the help of a jirga of tribal elders.

According to the KP Department of the Interior, there are land disputes in eight places in the district that date back to the partition of Pakistan and India in 1947. Land disputes often turn into deadly sectarian violence.

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International

Cristina Fernández demands the restitution of the pensions that the Milei Government took away from her

Former Argentine president Cristina Fernández (2007-2015) demanded that the National Administration of Social Security (Anses) return the pensions she received for having occupied the Head of State and for being the widow of the former president Néstor Kirchner (2003-2007) and that were taken away by decision of the Government of Javier Milei.

Official sources consulted by EFE indicated this Saturday that the administrative claim presented by the former president will be answered “according to the procedural deadlines,” something that will be done by the Legal Affairs area of ANSES, the state agency that administers the pension system in Argentina.

Through a resolution published on November 15 in the Official Gazette, ANSES revoked the lifetime pension benefits that Fernández received for having been head of state and as a widow of another former president, a measure that on the day before had been announced by the Government of Milei itself.

Why did they withdraw Cristina Fernández’s pensions?

The resolution recalls that on November 13, an impeachment court confirmed a sentence for Fernández to six years in prison and perpetual disqualification from holding public office in a trial for irregularities in the concession of road works during his government and that of Kirchner.

ANSES alleged that lifetime pensions for former presidents “become legally incompatible for those who have committed a crime in the exercise of the same public function for which they have acceded to said allocation of privilege and to the detriment of the National State.”

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After this measure became effective, Cristina Fernández questioned it on the grounds that pensions for former presidents are not granted for good performance, but for the “merit” of having obtained the election as heads of state by the popular vote.

He also claimed that the alleged “bad performance” of a president can only be judged by the Argentine Parliament through the constitutional process of impeachment during the exercise of the mandate.

In statements to radio La Red, Facundo Fernández Pastor, the former president’s lawyer, pointed out that if the administrative claim before the ANSES does not succeed, Fernández will go to court.

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International

Possible lack of final agreement overspeaks Baku summit negotiations

Baku can go down in history as another failed climate summit, adding to the list of COPs that ended in failure; with a bad agreement, as in Copenhagen (2009) or without agreement, as in the summit in The Hague (2000).

This is raised in the conversations that negotiators, observers and journalists have this Saturday in the corridors of COP29, after the 24 hours of extension of a summit that was supposed to end on Friday afternoon and in full “chaos” after dozens of countries left the room where the draft of the potential agreement was being negotiated.

The analysts and observers consulted, as well as the negotiating teams, agree to underline the “especially chaotic” end of this summit, from which a not too encouraging outcome is expected: either a “bad agreement” – that does not meet the needs of the Global South to face the climate challenge – or, directly, without agreement.

Pessimism invaded the spaces of the summit that hosts these days the capital of Azerbaijan, and in which about 200 states have been negotiating for two weeks how to finance climate action, especially in those low-income countries and vulnerable to the impacts of global warming.

Everyone mentions the ghost of the failed summits in The Hague and Copenhagen, cases that they would like to avoid, because they fear that going through another failure like this would further undermine the already weaken confidence in multilateralism.

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Some developing countries leave the trading room

In addition, small island states and some Africans left the negotiation room where they met the presidency’s latest proposal for the agreement on climate financing that finalizes COP29, where they said they did not feel heard.

Political representatives of the negotiating group that brings together the least developed countries, as well as that of the small island states claimed to have come to the climate summit in Baku to close “a fair agreement” on climate financing, but they have felt “hurt” by not being consulted.

“There is an agreement to be closed and we are not being consulted. We are here to negotiate, but we are leaving because at the moment we do not feel that we are being heard,” said the head of the negotiating group of the island countries, Cedric Schuste, in statements to the media.

“We do everything we can to build bridges with literally everyone. It is not easy, neither in financing nor in mitigation,” stressed the European Commissioner for Climate Action, Wopke Hoekstra, to emphasize that “it is fair to ask that we be constructive.”

Some Latin American and Caribbean states, which are trying to build bridges between the least developed and rich countries, expressed their refusal to admit that this Baku summit is closed without an agreement.

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“We cannot leave Baku or Copenhagen,” said Panama’s special climate envoy, Juan Carlos Monterrey, in reference to the climate summit held in the Danish capital in 2009, a meeting that the international climate community considered a failure, by not reaching any agreement.

“We are already at a point of not only building bridges, but walking on those bridges,” Monterrey said, after detailing that the countries had left the consultation mainly because of their discrepancies regarding the total amount that rich countries suggest mobilizing to pay for the climate transition and adaptation to the inevitable impacts of global warming.

“The great struggle is the figure,” said Monterrey, since developing countries at this point support that the goal is 300 billion dollars per year by 2035, and developing and emerging economies ask for 500 billion dollars annually and by 2030.

Lack of transparency in the process

Panama’s main negotiator, Ana Aguilar, also criticized the lack of transparency in the process, something she blamed on the Azerbaijani presidency of the summit, which according to her has had more meetings with some parties than with others, and has been three days without favoring negotiations more than bilaterally.

“We have a problem,” said Colombian Minister Susana Muhamad, who claimed that there is still a long distance between the amount that rich countries propose to mobilize and that requested by those that developing countries.

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The proposal of the presidency of the COP29, as reflected in a negotiating text made public on Friday, was that the awealing countries pay 250 billion dollars a year by 2035 to the states of the Global South, to help them pay for action against climate change, a phenomenon to which they hardly contribute but of which they are the main victims.

Now there is talk of 300 billion dollars, while the largest group of developing countries demands at least 500 billion.

The dispute is especially in the quantum, Muhamad said, but also “in some of the requirements that I think we can achieve through negotiation,” he said.

“The problem is that it has been published very late, it was published yesterday. The deadline is very short, so we have some countries, those that have less financial capacity, that do not feel satisfied,” explained Muhamad, who added that “we need them to be able to move and deliberate.”

The Colombian minister said that she will encourage rich countries “to take a step forward” and, she added, “it is very important that they do so so that we can move forward and carry out this negotiation.”

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