The Federal Chamber of Criminal Cassation reversed this Thursday a sentence of first instance and condemned for illicit association with one of the two Iranian citizens who in March 2019 entered the country with Israeli passports reported as stolen.
The ruling of Chamber II of said Chamber fell on Samiei Sajjad Naserani, who in an oral trial had been sentenced to three years in suspended prison with his partner, but just for using fake documentation.
Now, the chambermaids decided, by majority, that he is guilty of the crime of “illicit association, as a member”, in an ideal contest with “forgery of public document” which in turn concurs in a real way with “use of false public document, aggravated by being destined to prove the identity of the people”.
In turn, the Chamber forwarded the proceedings to the Federal Oral Court (TOF) 6 to determine a new penalty based on these crimes.
In this way, the chambermaids made room for the appeal filed by the prosecutor Gabriela Baigún against the judgment of first instance.
At the trial, Baigún had asked for 7 years in prison for Naserani, and 4 and a half years for his partner, Manzoreh Sabzali.
“The defendants entered the country with fake Israeli passports and that both documents were obtained thanks to the activity carried out by the illicit association of which Naserani was a member, “the prosecutor said in her appeal.
“The most tragic attacks that our country experienced, that is, the committed against the Israeli Embassy and AMIA headquarters, they were perpetrated by subjects who, precisely, entered the country with false identities. This is the fullest proof of the danger that the actions of the accused in the proceedings and of the illicit association under investigation with respect to the protected legal interest, “he added.
For the Chamber, it corresponds to allow the appeal of the prosecution “due to arbitrariness” and although Judge Alejandro Slokar understood that the sentence of first instance should be annulled and a new trial with another court, the other two chambermaids, Carlos Mahiques and Guillermo Yacobucci, agreed to condemn Naserani.
At the time, Sabzali and Naserani came to trial, prosecuted with preventive detention for the use of false documentation and for integrating an international illegal association made up of at least six people, dedicated to the illegal trafficking of migrants and the falsification of public documents.
And at the end of the debate, TOF 6 ordered his release and also recommended his expulsion to the National Directorate of Migration, although this process was not carried out and both Iranians remain in Argentina, where they requested to be treated as “refugees.”
Both defendants had entered the country on March 12, 2019 through the Ezeiza international airport, with Israeli passports that had been denounced as stolen and were arrested days later in the Buenos Aires neighborhood of Once.
In the investigation -which had Luis Rodríguez as federal judge and Jorge Di Lello as prosecutor- it was discovered that both defendants had contact with an international band dedicated to the “theft -either by robbery or theft- of personal identification documents, which was subsequently subjected to adulteration maneuvers”, as emerged from the file.
The criminal group would have carried out illegal movements or operations also in Spain, Portugal, Greece, Great Britain, Iran, among others, with the participation of individuals identified with nicknames such as Jalal Tyt Uk, Big Show and Jan Rambo “, according to It is in the record.
At the same time, in the cell phones kidnapped when detaining the couple who entered Argentina, photographs of passports, identity documents and driver’s licenses of various subjects and nationalities were found.