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Urgent/ First defeat of INVAP in Argentina. 

Two Federal Prosecutors launched an investigation over both the contract ANSTO-INVAP and the nuclear agreement signed signed by Australia and Argentina “for containing possible irregularities”. It´s the first claim presented at the court against the import of australian nuclear waste.

The two Federal Prosecutors established their claim quoting the technical document produced last year by Dr. Raul Montenegro, President of FUNAM, and information provided by Greenpeace. Eduardo Freiler and Federico Delgado are Federal prosecutors at the attorney-General Office on Criminal and Correctional matters # 6 of the City of Buenos Aires (Argentina),

“The claim was introduced into the judiciary system of Argentina by the Justice. Such procedure is of great importance. The document presented by the Federal Prosecutors summarize most of the legal violations we detected both the contract and the agreement”, said Raul Montenegro.

Optimism both in FUNAM and the coalition of NGOs that fights the import of Australian nuclear waste. Huge Media coverage in Argentina. FUNAM will ask a financial audit over INVAP.

Cordoba and Buenos Aires (Argentina), Sydney (Australia) and Paris (France), March 14th, 2002.- FUNAM informed to day that two Federal Prosecutors from Argentina launched the first criminal investigation over both the Contract ANSTO-INVAP and the Nuclear Agreement signed by Australia and Argentina. The Contract and the Agreement infringes the Constitution of Argentina and is illegal according Article 1207 of our Civil Code. According Raul Montenegro, president of FUNAM and professor of Evolutionary Biology at the National University of Cordoba, “Their 6-pages document summarize denounces we noticed to the public, to the Parliament of Argentina and to the Australian Senate”.

Federal Prosecutors are Eduardo Freiler and Federico Delgado from the Federal Attorney-General Office on Criminal and Correctional issues # 6. Their office is located in the city of Buenos Aires (Argentina).

Eduardo Freiler and Federico Delgado said in their accusation: “the Agreement can open the door of Argentina to the entering of hazardous and radioactive waste (...) forbid by Article 41st, last paragraph, of the National Constitution”. Their claim quote repeteadly the report written by Raul Montenegro from FUNAM, and information provided by Carlos Villalonga from Greenpeace Argentina. Such report can be downloaded from the Web site of FUNAM: www.funam.org.ar.

“We are confident about the decision of the Federal Attorney-General Office. For the first time both the Contract and the Agreement are investigated by the Justice. We predicted such possibility in our Submission to the Inquiry Committee at the Australian Senate. Nevertheless such possibility occurred early than expected”, said Raul Montenegro. 

All the Agreement process will be investigated by the Court for identifying crimes, even prior to the signing of the treaty, during the Senate approval “and eventually during its initial execution”. They consider “curious” and “suggestive” that the report produced by the Nuclear Regulatory Authority (NRA) for supporting the Contract was made according the suggestions of INVAP. Such procedure is irregular due to supposedly ’independent’ role of NRA. They also consider “suspicious” the relationships between the head of the Nuclear Regulatory Authority, E. D’Amato, and the head of INVAP, Hector Otheguy.

Its important to note that both Federal Prosecutors mention the work of the Australian ‘Select Committee for An Inquiry into the Contract for a New Reactor at Lucas Heigts as an indirect accelerator of the Agreement. “For preventing adverse results of the Select Committee vis-a-vis the Contract, both governments needed a Nuclear Agreement”, said Raul Montenegro. Eduardo Freiler and Federico Delgado consider “anomalous” the participation of several officials, among them the Federal Procurer of the Treasure Ernesto Alberto Marcer and the Secretary of the Ministry of Economy Miguel Bein.

According to the Federal Prosecutors “There is existing jurisprudence about the entering of radioactive waste that throw down the governmental position of Argentina”, and they mention the verdict of the Court that prohibited the entering of the “Pacific Swan” cargo into the territory of Argentina. This ship was transporting radioactive waste.

They finalize their claim asking a more in-depth investigation, and requesting to the Judge “an immediate sequestration of the contract”.  “Such request is of great importance. Until now both ANSTO and INVAP denied the access to the Contract. We cannot admit such secrecy. For the first time since the signing of the Contract the Justice will have access to its secret provisions and budget”, said Raul Montenegro.

They also urged the Judge for investigating all the involved governmental officials and the three experts on Constitution that were contracted by INVAP.

Most of the media of Argentina covered the Federal claim. Urgent dispatches have been sent by national news’ agencies like DYN and TELAM. “This is a milestone. Besides the future of the claim, the silence was broken, and nothing will be the same”, said Raul Montenegro.

Audit over INVAP.

FUNAM will ask the SIGEN, a Federal body for administrative control “an audit of INVAP finances for knowing where is going the money. Recently the Parliament approved the National Budget 2002, which contains a subsidy of 12 million pesos for INVAP (6 million dollars). This subsidy will be used for facing the contract with Australia. “We cannot accept such expenditure. Argentina is under a terminal crisis. Its non-sense to subsidize INVAP and Australia when our people suffers lack of food, health and education”, said Raul Montenegro. 

 


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