Nisman Dead!

[Bajo_cero2]

great info if true, and worth corroborating. Of the points by bajo that I strongly object to:

• the personal smear against Nisman, primarily that he lived beyond his officially declared means;
• the smear against his work, that his work was illegal or criminal in some way:
  • that his making use of the recordings (declassified, now that he's gone) was illegal/criminal;
  • that disclosing his work before congress is (or would have been) illegal/criminal;
  • that even if his allegations were true, because of supposed executive immunity, it was all pointless (and therefore, it follows, a waste of time and taxpayer money. I wonder if the same would apply to an investigation that bajo sympathizes with, say of Videla during the period when he was covered by a pardon). In other words, that the prosecutor has no business uncovering abuse of authority - even when that abuse is egregious enough to create a national scandal: a tough bar, at least here.
• All of which - the allegations against him personally, and against his work - translates into the insinuation that Mr. Nisman was operating beyond his area of authority, competence and the law. It turns him from a hero into a shadowy figure and points to the vague conclusion that if not that he deserved his fate, at the least he had it coming to him to some extent.

I strongly disagree with this line of attack reasoning, it desecrates his memory - by most indications, the memory of a victim and hero. At this point it seems clear that he was fighting for the truth, and that the truth was scandalous enough to make hiding it worth committing murder.

According with this article they get about 60.000 pesos:

http://www.lanacion....en-la-argentina

However, I saw the working receip of one 2 years ago and the basic was 13.000 pesos.


Art. 197 of the criminal code punish with until 4 years of jail the illegal phone-tapping.

Here a website readed by judges and lawyers analized the situation and their conclution is that he broke the law of National Intellegence:

http://www.infojusno...acion-7137.html

ARTICULO 42. — Será reprimido con prisión de un mes a dos años e innabilitación especial por doble tiempo, si no resultare otro delito más severamente penado, el que participando en forma permanente o transitoria de las tareas reguladas en la presente ley, indebidamente interceptare, captare o desviare comunicaciones telefónicas, postales, de telégrafo o facsímil, o cualquier otro sistema de envío de objetos o transmisión de imágenes, voces o paquetes de datos, así como cualquier otro tipo de información, archivo, registros y/o documentos privados o de entrada o lectura no autorizada o no accesible al público que no le estuvieren dirigidos.
ARTICULO 43. — Será reprimido con prisión de tres meses a un año y medio e inhabilitación especial por doble tiempo, si no resultare otro delito más severamente penado, el que con orden judicial y estando obligado a hacerlo, omitiere destruir o borrar los soportes de las grabaciones, las copias de las intervenciones postales, cablegráficas, de facsímil o de cualquier otro elemento que permita acreditar el resultado de las interceptaciones, captaciones o desviaciones.

Clarin published that the judge authorized the phone interception but later, they erase the article:

http://www.infonews....e-de-nisman.php

While the judge asserted that he did not:
http://www.lacapital...50116-0023.html

But also asserted that Nisman didn't have the power to start an investigation neither for choosing a judge he likes more to make the complaint. He has to do the compaint at the chamber and they assign a judge by lottery.

I don't attack him. I'm a criminal lawyer and I analized the case as one: looking for all the violation of the due process that shows that something is rotten.

In western societies there is a concept called due process and this is what makes a difference us from the "justice" of ISIS.

One of the rules is that there is a natural judge, it means, a judge assigned by a procedure established by the law before the crime happend. Nisman by passed this basic rule of law starting an investigation like he was the judge, and then presenting the case before the judge he liked more. This is called forum shopping and it is no less than illegal.

The point is that the judge didn know that Nisman was phone-tapping this people and it means that all this cds cannot even be heard because this was illegal phone-tapping.

The judge Canicoba Corral thinks that the case has to be dismissed.

What everybody agree is that Nisman didn't lead the investigation, the secret services did, and this is how things finish when this kind of things happends.

A hero? I disagree. He was used and he is dead. He is a victim.

 

[ben]

I do understand that you speak as a lawyer. I also understand the importance of respecting due process, and processes in general, even when it may appear as lawyerly nitpicking.

However, I do believe that the context has to be appreciated as well. When one side follows the rules to a T and the other has little regard for rules whatsoever, the deck is stacked. In that case, a balance has to be found between following the processes, correct and moral as they may be, and achieving the ends of justice. Even in ordered, advanced societies and legal systems, an appeals court may find that there was a deviation from the proper procedure but that this deviation is so weak or inconsequential as to not warrant disturbing the verdict and/or sentence.

Mr. Nisman was not levying the full power of the state against common citizens, which is such an awesome disbalance of power that one may understand the importance of checking it with due process limitations wherever possible. Here it may be said that the opposite was true, even absent the final tragic result. The need to speak of due process needs to be tempered with an understanding of the constraints Mr. Nisman faced and was ultimately felled by.

I would again suggest that your insistence on adherence to the letter of the rules here is informed by your sympathy towards the government's position, and would again invite you to draw the contrast to a lawyer or other person wiretapping Mr. Videla's abuses, even if those abuses were not prosecutable at the time or were even legal, and the methods of investigation were illegal. Due process rights are largely in place to combat otherwise unchecked power by the state: here Mr. Nisman was not the one operating from a position of strength or power.

 

[Rich One]

No. I made citizenship for the partner on one and i saw the working receipts. It was 13.000 pesos 2 years ago.
You have to add the years of service that add a plus. But, 70?

An A24 TV journalist said he made $·100,000 ...?? well his black Audi was an expensive model..!! Nisman's neighbor was Chinese

Well Minus_0 now you have to defend the Theory that It wasn't a suicide as the Boss said !!

 

[Rich One]

Fictions are 10% of what reality is.

Not in this case Reality Exceeds Fiction...!!

 

[Bajo_cero2]

Not in this case Reality Exceeds Fiction...!!

I tried to mean that.

 

[ariel81]

An A24 TV journalist said he made $·100,000 ...?? well his black Audi was an expensive model..!! Nisman's neighbor was Chinese

Well Minus_0 now you have to defend the Theory that It wasn't a suicide as the Boss said !!

Well,he was a special prosecutor,maybe he draw a different salary?
100.000 seems a bit too much.

 

[Bajo_cero2]

Ben, it is all about due process.

Stiusso (the former secret service) was dismissed for using federal judges (and fake criminal inestigations) to black mail the President.

If you read the newspapers, the federal judge Bonadio was fined for blackmailing the government using criminal cases.

So, Nisman didn't do anything legal.

We are not talking about a small detour, we are talking of one abuse of power after another.

The criminal procedure code states the nullity of the whole case when a judge or prosecutor wirks without competency.

It is exactly the same than Campagnoli did and he was saved with legal cheats not because he was innocent.

Regarding Videla, his due process was respected so, there is nothing to add on that subject.

 

[garryl]

An A24 TV journalist said he made $·100,000 ...?? well his black Audi was an expensive model..!! Nisman's neighbor was Chinese

Well Minus_0 now you have to defend the Theory that It wasn't a suicide as the Boss said !!

How do you know his neighbor are Chinese ? many Chinese companies lease apt there for their employees, like the train and telecom company.
It's a place hard to commit daily small crimes as it's hard for street people to cruise around.

 

[Rich One]

How do you know his neighbor are Chinese ? many Chinese companies lease apt there for their employees, like the train and telecom company.
It's a place hard to commit daily small crimes as it's hard for street people to cruise around.

Well TV journalists mentioned that who lived, in the connecting apt-, on the same floor as Nisman was Chinese--- nothing was mentioned if he owned or rented..?? His employer etc. Maybe is some one you know... <_<

 

[Bajo_cero2]

Julio Maier, the most respected jurist, explained why there is no one single crime in the complaint of Nisman:

http://www.radionaci...com.ar/?p=43848