15.
The State added that the petitioner intends the Commission to act as a fourth instance. It
argued that the IACHR cannot review judgments handed down by national courts acting within their
jurisdiction and enforcing due process guarantees, as in the present case.
IV.

FACTS OF THE CASE

A.

Regarding Mr. Romero Feris

16.
The IACHR notes that the petitioner submitted information on the various public offices held
by Raúl Rolando Romero Feris. This was not contested by the State. In that regard, the petitioner indicated
that Mr. Romero served in the following positions:
-

President of the Argentine Rural Confederation in 1985
Mayor of the capital city of the Province of Corrientes between 1991 and 1993
Governor of the Province of Corrientes between 1993 and 1997
Mayor of the capital city of the Province of Corrientes between 1997 and 19993.

B.

Regarding Preventive Detention

17.
Mr. Romero was arrested on August 3, 1999, in the city of Corrientes following the issuance
of a warrant for his arrest. 4 The IACHR does not have information on the circumstances of the detention or on
the situation of Mr. Romero until 2001
18.
In mid-2001, Mr. Romero's defense counsel requested the Instructing Magistrate No.1 to
order his release,5 pursuant to Article 1 of Law 24.390 on Preventive Detention Time Limits. 6 His defense
counsel presented the following arguments:
Law 24.390, implementing Art.7.5 of the ACHR (Article 9), establishes in Art. 1 the maximum
duration of preventive detention during trial. This does not mean that all preventive
detention of less than two years is reasonable. In these circumstances – as happens in this
case, the judges must order the immediate release of the detainee or prolong unreasonable
detention thereby illegally depriving him of the right to liberty during criminal proceedings.7
(…)
Consequently, the maximum duration of the preventive detention provided for in Art. 1 of
Law 24.390 does not necessarily represent a reasonable time for preventive detention. This
maximum period establishes a limit that cannot be exceeded, but does not establish a period
that must inescapably be fulfilled in every case for said detention to be considered
reasonable.
(…)
Notwithstanding the fact precautionary detention’s constitutional protections were never
granted to our client, it is equally pertinent to point out that there is no flight risk or
obstruction of justice risk in the case of Raúl Rolando Romero Feris.8
3

Petition brief before the IACHR, August 24, 2001.

4

Petitioner’s Form, August 14, 2007.

5

Release Petition. Annex to petitioner’s communiqué of August 24, 2001.

Article 1. Preventive detention shall not exceed two years, without a sentence. However, when the number of offenses
attributed to the accused or the apparent complexity of the case prevents the issuance of a decision within the time limit indicated, this
may be extended for one additional year, by a reasoned decision, which shall immediately be notified to the relevant superior court for
appropriate control.
6

7

Release Petition Annex to petitioner’s communiqué of August 24, 2001.

8

Release Petition Annex to petitioner’s communiqué of August 24, 2001.

3

Select target paragraph3