brother, tried to intervene to prevent his brother from being detained.42 Both were arrested
and taken away in patrol car 105.
43. José Delfín Acosta Martínez tried to intervene and protested the arrest of the
Gonçalves Da Luz brothers, alleging "they were only arrested for being black."43 A police
officer then asked José Delfín Acosta Martínez for his identification, which the officer threw
to the ground, prompting a strong protest from Acosta Martínez.44 In response, the police
officers decided to put him in patrol car 305, where the struggle between the police officers
and Acosta Martínez continued.45
44. At the time of the arrests, the police officers searched the three detainees and found
that none of them were carrying weapons. They used the radio to confirm that there were
no warrants out for their arrest. Nevertheless, the three were taken in the patrol cars to
Police Station No. 5 of the Federal Police of the City of Buenos Aires.46
45. The entry logbook indicates the Drunken Edict as the grounds for José Delfín Acosta
Martínez’s detention, which punishes persons who are drunk or under the influence of drugs
with a fine or arrest.47
C.
Detention and death of Mr. José Delfín Acosta Martínez
46. The brothers Gonçalves da Luz and José Delfín Acosta Martínez were transferred to
Police Station No. 5 of the Argentine Federal Police at 8:30 in the morning. Initially, the
three detainees were held in the same corridor. Later, José Delfín Acosta Martínez was taken
to a room where there was a bench and a table, while the Gonçalves da Luz brothers were
taken to a cell in another part of the police station.48 There are differing accounts of what
happened after the detainees were separated.
47. According to the police’s version, at the time of his arrest, José Delfín Acosta Martínez
was very upset49 and began removing all his clothing until he was naked. Because of his
aggressiveness, he had to be handcuffed.50 The police officers alleged that he deliberately
Cf. Statement the given by R.B. to the chief of the police station on April 5, 1996 (evidence file, folios
37 and 38), and statement given by A.M. to the chief on April 5, 1996 (evidence file, folios 46 and 47).
42
The literal content of the expression varies depending on the testimony. According to the statement
provided by police officer D.A.O. to the chief of the Police Station on April 5, 1996, Mr. Acosta Martínez said
“they always mess with the blacks” (evidence file, folio 87). However, despite the varying accounts, the
meaning remains the same.
43
44
Cf. Statement of B.M.G. before the Investigating Judge of April 24, 1996 (evidence file, folio 97).
45
Cf. Statement made before a notary public by Verónica Andrea Brotzman on February 28, 2020
(evidence file, folio 1456).
46
Cf. Statement of police officer D.A.O given to the chief of the police station on April 5, 1996 (evidence
file, folios 87 and 88).
Cf. Statement of Guard official B.L.B. given to the chief of the Police Station on April 6, 1996 (evidence
file, folio 55).
47
48
Cf. Pleadings and motions brief of July 24, 2019 (merits file, folio 110).
According to the statement by Duty Officer B.L.B. to the chief of the police station on April 8, 1996, Mr.
Acosta Martínez “continued to insult the police personnel and acted aggressively” (evidence file, folio 55). This
information is confirmed by the statement given by C.O.C. to the chief on April 5, 1996 (evidence file, folio
131), statement given by O.J.O. to the chief of the police station on April 5, 1996 (evidence file, folio 137),
and the statement given by Z.R.O. to the chief on April 5, 1996 (evidence file, folio 146).
49
Cf. Statement given by C.O.C. to the chief on April 5, 1996 (evidence file, folio 132), statement given
by O.J.O. to the chief of the police station on April 5, 1996 (evidence file, folio 137), statement given by H.M.E.
50
15