19.
On August 1, 2001, Instructing Magistrate No. 1 rejected defense counsel’s request and
extended preventive detention issued against Mr. Romero for a period of eight months as from August 4,
2001.9 The Magistrate held the following:
(...) according to the rules on conjoint offenses, [the sentence against Mr. Romero] would
exceed 5 years, at a minimum, with a possible sentence of a maximum 25 years. Therefore
the conclusion is: that the forecast of his sentence is exclusively taken into account as one
aspect of the requirements relating to the reasonableness of preventive detention, which is
an evaluation of flight risk. Both aspects are considered by the IACHR (...) and although on
its own is not sufficient to assume it will occur, it is enough whenever other circumstances
concur – these being the imminence of trials and the utterances of the accused himself in the
sense of not subjecting himself to judicial authorities charged with deciding on his
situation.10
20.
The available information indicates that Mr. Romero was released on September 11, 2002,
by decision of the Superior Court of Justice. 11 The petitioner indicated that in that decision the Superior Court
ordered Mr. Romero’s release on the grounds of the prolonged period of detention without a final judgment.
The State did not dispute this information.12
21.
According to public information, on May 10, 2016, Mr. Romero was arrested by "order of the
Criminal Oral Court number 2 of Corrientes that consolidated sentencing in three cases against him for a term
of twelve years imprisonment."13 It was indicated that he should effectively serve seven years and seven
months.14
C.
Regarding the Criminal Proceedings against Mr. Romero Feris
22.
The facts relating to the criminal proceedings against Mr. Romero are not in dispute.
23.
The petitioner indicated that in 1999 the Corrientes Judicial Workers' Union filed a
complaint against Mr. Romero and other public officials before the Instructing Prosecutor's Office No. 1 of the
City of Corrientes. 15 The complaint alleged Mr. Romero's liability for the crimes of fraudulent administration,
unlawful enrichment, embezzlement, abuse of authority, fraud, and embezzlement of public funds, among
other things. 16 All of them due to his alleged mismanagement as Mayor.17
9
2001.
Order 1251 of the Instructing Magistrate No.1 of Corrientes, August 1, 2001. Annex to petitioner’s communiqué of August 24,
10
Order 1251 of the Instructing Magistrate No.1 of Corrientes, August 1, 2001. Annex to petitioner’s communiqué of August
11
Petitioner’s Form, August 14, 2007.
12
Petitioner’s Form, August 14, 2007.
13
Press Article “Corrientes: detienen a un ex gobernador” (“Corrientes: Ex Governor detained”) published in Clarín, May 10,
14
Press Article “Corrientes: detienen a un ex gobernador” (“Corrientes: Ex Governor detained”) published in Clarín, May 10,
15
Petition brief before the IACHR, August 24, 2001.
16
Petition brief before the IACHR, August 24, 2001.
17
Petition brief before the IACHR, August 24, 2001.
24, 2001.
2016.
2016.
4