B. Admissibility of the testimonial and expert evidence
29. The Court finds it pertinent to admit the statements provided during the public
hearing18 and by affidavit,19 insofar as these are in keeping with the purpose defined by the
order that required them and the subject of this case.
VI
FACTS
30. In this chapter, the Court will establish the facts considered proven in this case based
on the body of evidence admitted, the factual framework established by the Report on the
Merits, and the State’s recognition of international responsibility. Facts submitted by the
parties to explain or clarify this factual framework will also be included.20 The facts are
presented below in the following order: a) The context of racial discrimination, police
violence, and the use of racial profiling; b) The arrest of Mr. José Delfín Acosta Martínez; c)
The arrest and death of Mr. José Delfín Acosta Martínez; d) Investigation proceedings into
the death of Mr. José Delfín Acosta Martínez and, e) intimidation and threats against family
members and a witness.
A.
Context
31. The State recognized that the case of José Delfín Acosta Martínez was not an isolated
event, but rather "paradigmatic of the persecution and stigmatization of the persons of
African descent in our country" and that it is "an emblematic case of police violence during
the 90s, characterized in our country by police brutality and enforcement of the so-called
'police edicts.'”21 The facts of the case thus took place in a context of both racial
discrimination and police violence against the Afro-descendant population in Argentina at
the time of the facts, a context that exists to this day.
A.1. Context of racial discrimination
32. At the public hearing, the State recognized the context of racial discrimination in
Argentina, referring to "the existence of patterns of practices of institutional violence heavy
with racist and discriminatory prejudices." This context persists to this day, as indicated by
the State itself in its oral acknowledgment, where it stated that "discrimination in our country
continues to be a serious problem, and recognizing this is the first step to adopting effective
measures to address it."
33. This context of discrimination is rooted in how Argentine society views the Afrodescendant population. In his expert opinion rendered before the Court, anthropologist
During the public hearing, the Court heard the statements of alleged victim Ángel Acosta Martínez and
witness Andrés Alberto Fresco, who took part via video conference, both proposed by the representatives. The
expert opinion of Mr. Juan Pablo Gomara, put forward by the Commission, was also obtained.
18
The Court received the statements made before a notary public (affidavit) of Blanca Rosa Martínez,
Verónica Andrea Brotzman, Lucía Dominga Molina, Mary Sandra Chagas Techera, Néstor Diego Martínez
Gutiérrez, and Fernando Ramírez Abella, as well as the expert opinions of Alejandro Frigerio and Víctor Manuel
Rodríguez González, put forward by the representatives.
19
Cf. Case of the "Five Pensioners" v. Peru. Merits, Reparations, and Costs. Judgment of February 28,
2003. Series C No. 98, and Case of Noguera et al. v. Paraguay, supra, para. 33.
20
21
Final arguments of the State of June 18, 2020 (merits file, folios 541 and 542).
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