reinforced by the fact that it is the State that was in charge of the evidence to disprove that
the death was the result of abuse.
25. Based on the gravity of the facts and the violations acknowledged by the State, the
Court considers it necessary to deliver a judgment in which it determines the facts that
occurred based on the evidence provided in the proceedings before it and their recognition
by the State, as doing so contributes to providing victims with reparations, preventing
similar facts from being repeated, and, essentially, fulfilling the purpose of the interAmerican human rights jurisdiction.15 In particular, the Court deems it necessary to analyze
the scope of the State’s international responsibility owing to the actions of the Argentine
Federal Police in the context of the illegal and arbitrary detention of Mr. Acosta Martínez.
The Court will also rule on the corresponding reparations. This analysis will help clarify
jurisprudential criteria on the matter and the corresponding protection of the human rights
of the victims in this case.
26. Additionally, the Court does not consider it necessary at this time to open up a
discussion on all the points that were the subject of litigation, since some of the legal claims
alleged and recognized by the State in this case—such as regarding José Delfín Acosta
Martínez’s right to personal integrity and life, as well as the violation of judicial guarantees
and judicial protection, to the detriment of his relatives—have already been well established
by the Inter-American Court in other cases.
V
EVIDENCE
A.
Admissibility of the documentary evidence
27. The Court received various documents presented as evidence by the Commission, the
representatives, and the State, which, as in other cases, it admits in the understanding that
they were presented at the appropriate procedural moment (Article 57 of the Rules of
Procedure).16
28. Additionally, in its final arguments, the State submitted—in an annex—a report of
March 2017 from the Office of the Institutional Violence Attorney of the Public Prosecutor's
Office (PROCUVIN). Despite the fact that this evidence was not presented at the proper
procedural moment, because it was submitted as part of the State’s acknowledgment of
responsibility, and taking into account that the other parties raised no objections to it, the
Court admits PROCUVIN's opinion as evidence for the purposes of better adjudication and
considering it pertinent and necessary for the evaluation of the facts.17
Cf. Case of Tu Tojin v. Guatemala. Merits, Reparations, and Costs. Judgment of November 26, 2008.
Series C No. 190, para. 26, and Case of Ruiz Fuentes et al. v. Paraguay. Merits, Reparations, and Costs.
Judgment of March 9, 2020. Series C No. 401, para. 28.
15
Documentary evidence, in general and pursuant to Article 57(2) of the Rules of Procedure, may be
presented with the application brief, the pleadings and motions brief, or the answering brief, as applicable,
and evidence submitted outside these procedural opportunities cannot be admitted, except in the event of the
exceptions stated in the aforementioned Article 57(2) of the Rules of Procedure (namely, force majeure,
serious impediment) or it refers to an event which occurred after the procedural moments indicated. Cf. Case
of the Barrios Family v. Venezuela. Merits, Reparations, and Costs. Judgment of November 24, 2011. Series C
No. 237, paras. 17 and 18, and Case of Valle Ambrosio et al. v. Argentina. Merits and Reparations. Judgment
of July 20, 2020. Series C No. 408, para. 13.
16
Cf. Case of Ivcher Bronstein v. Peru. Reparations and Costs. Judgment of February 6, 2001. Series C
No. 74, para. 71, mutatis mutandis, Case of Espinoza González v. Peru. Preliminary Objections, Merits,
Reparations, and Costs. Judgment of November 20, 2014, Series C No. 289, para. 43.
17
10