24. At approximately 7:00 pm on May 26, 1992 police officer Inspector and First Sergeant were circulating in their jurisdiction in an unpopulated area between the Federal Capital and Mar del Plata when they identified a vehicle in which Mr. Fernández – then 52 years old – was traveling with two other persons.14 According to the arrest report the police agents decided to intercept that vehicle as they considered that the passengers had a “suspicious attitude.”15 25. The police agents asked Mr. Fernández and the other two persons to step out of the vehicle and proceeded to search it.16 According to the arrest report, several packages were found “which, based on the aroma and the characteristics … might be … marijuana.” 17 A revolver and dozens of projectiles were also found.18 26. Mr. Fernández and the other two persons were taken to the closest police station. 19 Police agent stated that Mr. Fernández accepted responsibility for the packages that he was carrying. 20 Officer Norberto stated that after the packages were found in the car Mr. Fernández, in a clear state of “nervousness and startled, stated aloud, as if justifying his action, that he was to deliver the drugs to a certain Guillermo …, and that said person would pay him in cash, then and there, for the merchandise.”21 27. One of the persons accompanying Mr. Fernández stated that the two weapons seized were his property, and that he had the respective permit.22 He said that he was unaware of the contents of the packages seized since they belonged to Mr. Fernández.23 Mr. Fernández stated that a person with the alias “Pantera” called him to offer him the possibility of earning 500 dollars if he transported some merchandise to Mar del Plata.24 He said that the two persons accompanying him were not aware of that situation.25 28. Mr. Fernández clarified that the material seized was not in the trunk, and that therefore there was an error in the arrest report.26 He clarified that he signed the arrest report in “good faith because one could not see anything that night.”27 2. The criminal proceeding against Mr. Fernández 29. On June 16, 1992 the federal judge ordered that Mr. Fernández be held in pretrial detention.28 The judge stated that he considered the evidence, and the place and the manner in which the narcotics were found, thus there are elements to characterize the act as the crime of transporting narcotics.29 30. On November 8, 1995, the subrogating federal prosecutor (procurador fiscal federal subrogante) filed charges against Mr. Fernández, which he characterized as the perpetrator criminally responsible for the crime of transporting 2,370 grams of cut marijuana distributed in six “loaves” that he was taking from the Federal Capital to Mar de Plata.30 It was argued that where exactly the packages were situated was irrelevant, given that Mr. Fernández had assumed full responsibility for the custody of the items taken.31 Arrest report, Carlos Alberto Fernández Prieto, May 26, 1992 (Annex to the initial petition of July 30, 1999). Arrest report, Carlos Alberto Fernández Prieto, May 26, 1992 (Annex to the initial petition of July 30, 1999). 16 Arrest report, Carlos Alberto Fernández Prieto, May 26, 1992 (Annex to the initial petition of July 30, 1999). 17 Arrest report, Carlos Alberto Fernández Prieto, May 26, 1992 (Annex to the initial petition of July 30, 1999). 18 Arrest report, Carlos Alberto Fernández Prieto, May 26, 1992 (Annex to the initial petition of July 30, 1999). 19 Arrest report, Carlos Alberto Fernández Prieto, May 26, 1992 (Annex to the initial petition of July 30, 1999). 20 Statement by Fabián Raúl Casanova, June 16, 1992 (Annex to the initial petition of July 30, 1999). 21 Statement by Juan Carlos Norberto, June 16, 1992 (Annex to the initial petition of July 30, 1999). 22 Signed Statement, Alberto José Julián Argente, May 27, 1992 (Annex to the initial petition of July 30, 1999). 23 Signed Statement, Alberto José Julián Argente, May 27, 1992 (Annex to the initial petition of July 30, 1999). 24 Signed Statement, Alberto José Julián Argente, May 27, 1992 (Annex to the initial petition of July 30, 1999). 25 Signed Statement, Alberto José Julián Argente, May 27, 1992 (Annex to the initial petition of July 30, 1999). 26 Signed Statement, Alberto José Julián Argente, May 27, 1992 (Annex to the initial petition of July 30, 1999). 27 Signed Statement, Alberto José Julián Argente, May 27, 1992 (Annex to the initial petition of July 30, 1999). 28 Resolution 93/95, Pretrial detention order, Fernández Prieto, June 16, 1992 (Annex to the initial petition of July 30, 1999). 29 Resolution 93/95, Pretrial detention order, Fernández Prieto, June 16, 1992 (Annex to the initial petition of July 30, 1999). 30 Bill of indictment of Fernández Prieto of December 14, 1995 (Annex to the initial petition of July 30, 1999). 31 Bill of indictment of Fernández Prieto of December 14, 1995 (Annex to the initial petition of July 30, 1999). 14 15 6