took place in the same geographical and temporal context, the Court found, based on the
expert opinions included in the case file, that “at the time of the facts, there were
indiscriminate police detention practices, including the so-called razzias, detentions to
establish identity and detentions in accordance with police edicts on misdemeanors.”29
38. In 1995, the year prior to the arrest and death of Mr. Martínez Acosta, 246,008
detentions were reported by the Federal Police, of which 150,830—that is, about 61%—
were detentions for police edicts; 53,293—close to the 22%—were detentions for identity
verification; and 41,885—close to 17%—were on warrants or for flagrante delicto. This
proportion remained stable throughout the 90s and demonstrates the significance of arrests
on police edict as a proportion of overall police activity in the City of Buenos Aires.30
39. This power to detain was often accompanied by police violence. Thus, in its abovecited 2001 report, the Committee on the Elimination of Racial Discrimination observed that,
“there have been reports of police brutality committed on a variety of pretexts, on grounds
of race, colour or ethnic origin.”31 These practices of violence continued after the end of the
dictatorship, but public denunciation of them did not become widespread until after the State
was found responsible for the Bulacio case. It was therefore not until 2010 that this reality
of police violence and pursuit of crimes of “having a face” that affect certain population
groups—particularly persons of African descent—was confirmed.32
40. In his 2017 report, the UN Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance noted “a trend whereby the Buenos Aires
Metropolitan Police and Argentine Federal Police enforce profiling in identity checks on the
streets. The practice disproportionately affects migrants and people of African descent.”33
In its report after the visit carried out in 2019, the UN Working Group of Experts on People
of African Descent stressed that “The experiences of people of African descent with law
enforcement indicate the prevalence of structural discrimination. As reported by civil society,
racial profiling of Afro-Argentines, people of African descent and Africans is prevalent among
law enforcement agents. Negative stereotypes of people of African descent to the effect that
they are dangerous, violent criminals involved in drug trafficking and sex work have
contributed to excessive policing, resulting in selective and discretionary mechanisms for
carrying out arbitrary detentions and investigations.”34 This report specifically mentions the
case of José Delfín Acosta Martínez as a paradigmatic case of the disproportionate use of
force against people of African descent.
B.
Arrest of Mr. José Delfín Acosta Martínez
Case of Bulacio v. Argentina. Merits, Reparations, and Costs. Judgment of September 18, 2003. Series
C No. 100, para. 69.
29
30
Cf. Annual Report of the Centro de Estudios Legales y Sociales (CELS) 1997, pg. 99, document available
at [https://www.cels.org.ar/web/wp-content/uploads/2016/10/IA1997.pdf].
Committee on the Elimination of Racial Discrimination, Consideration of reports submitted by States
Parties under Article 9 of the Convention: Concluding observations, supra, obs. 16.
31
Cf. Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia
and related intolerance, Mr. Mutuma Ruteere, on his mission to Argentina, supra, para. 27.
32
Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia
and related intolerance, Mr. Mutuma Ruteere, on his mission to Argentina, supra, para. 73.
33
34
30.
Report of the Working Group of Experts on People of African Descent, Visit to Argentina, supra, para.
13