57. Neither do the petitioner’s claims indicate that the judge in charge of proceedings N 24519
and who ordered his arrest acted in an illegal or clearly abusive fashion or exceeded the limits of
reasonable discretion in the performance of his duties as a magistrate.
58. Consequently, the Commission concludes that the petitioner’s allegations regarding his alleged
illegal arrest, even if proven true, do not constitute a violation of the Convention, particularly of
Article 7 thereof, as required by Articles 47(b) of the Convention and 41(b) of the Commission’s
Regulations. On the contrary, in the Commission’s opinion, those allegations are manifestly
groundless, in accordance with Articles 47(c) of the Convention and 41(c) of the Commission’s
Regulations.
Regarding the alleged torture and cruel, inhuman, and degrading treatment inflicted on
the petitioner (Convention, Article 5(2)
59. The petitioner claims that after his arrest, “at approximately one o’clock in the morning [on
April 6, 1988], in the place where he was being held, the same officer who had arrested him
applied blows with a cupped hand over both ears, an attack that was then repeated by another
person.”
60. It should be noted that the petitioner has also claimed that during his arrest, his police
guards “punched him in the stomach” but that “no evidence was given [...] of the results of such
blows.”
61. According to the information contained in the case file, the petitioner’s torture allegations
were addressed by criminal proceedings N 24079, brought before Investigating Court N 13,
Secretariat N 140, against the police officers who supposedly perpetrated the punishable acts:
RenJes Derecho, Horacio Soto, and Norberto Cdido Ruiz. The judge issued an order for them to be
placed in preventive custody, which was not carried out, and this was addressed by the ruling of
February 21, 1995, in proceedings N 32989 brought by the petitioner.
62. Proceedings N 24079, “for maltreatment,” was the legal recourse available to the petitioner
after his allegations about the mistreatment he supposedly suffered while under arrest at the
police building. These proceedings also analyzed the petitioner’s claims about the alleged
disappearance of the medical report drawn up by the Federal Penitentiary Service which, he
maintains, contained evidence of the torture inflicted on him.
63. The Commission notes that it is not clear that proceedings N 24079 addressed all the
petitioner’s torture allegations, since the ruling in the case solely refers to the violence carried out
against the petitioner’s ears and hearing apparatus. In other words, the ruling makes no mention
of the alleged blows to the stomach or to the deliberate denial of the medication needed to
combat the ulcer pains from which the petitioner suffered.
64. The Commission also notes that the State’s replies to the Commission have not specifically
addressed these allegations made by the petitioner.
65. The Commission concludes that, if these allegations are proven true, this aspect of the case
meets the requirement of constituting prima facie rights violations, as set forth in Articles 47.b of
the Convention and 41.b of the Commission’s Regulations. Consequently, it declares the case
admissible in this regard.
Regarding the alleged absence of judicial guarantees and resources for substantiating the
petitioner’s claims under argentine law
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