judgment. This decision was confirmed by the Second Chamber of the National
Appellate Chamber for Federal Criminal and Correctional matters (hereinafter “the
Second Federal Criminal and Correctional Appellate Chamber”) on June 30, 1986.
24.
On September 2, 1986, Mr. Grande answered the prosecutor’s accusation, three
years after the oral hearing.
25.
On December 29, 1987, the judge in charge of the proceedings decided to open
the case for the submission of evidence and, in a decision of April 18, 1988, ordered
the production of different pieces of evidence.
26.
On May 24, 1988, the Second Federal Criminal and Correctional Appellate
Chamber decreed the invalidity of the searches of the Union and all the acts that
resulted from them, finding that they had been conducted without a court order. This
decision was based on the preliminary objection of lack of prosecutorial action filed by
the defense counsel of another of the defendants, arguing that the evidence upon
which the charges were based was obtained illegally, because it resulted from an illegal
search. Although it considered the said objection inadmissible, the said Second
Appellate Chamber stated that the invalidity of the acts could be declared ex officio at
any stage at which omissions, violations or defects that could affect public order were
proved.
27.
On June 9, 1988, one of the defendants requested the respective judge to
dismiss the proceedings against him. On January 13, 1989 the judge of the case
worked during the judicial recess in order to decide this case.
28.
On January 24, 1989, based on the decision on the invalidity of the searches of
the Second Federal Criminal and Correctional Chamber of May 24, 1988, the federal
judge ordered the “definitive dismissal” of all the defendants, including Mr. Grande, “in
connection with the facts for which they were being prosecuted,” and declared that the
criminal action had extinguished owing to the statute of limitations.
b) Administrative law proceeding
29.
Mr. Grande filed a suit against Argentina in the administrative courts seeking
damages for the alleged responsibility of the State for the deficient functioning of the
administration of justice. On April 14, 1992, the Judge of First Instance of the Federal
Administrative Law Court (hereinafter “the First Instance Judge” delivered his ruling
accepting the claim. Both the representatives of the defendant and the State appealed
the ruling before the National Federal Administrative Appellate Chamber (infra para.
85).
30.
On April 6, 1993, the Second Administrative Appellate Chamber overturned the
judgment on appeal, and rejected the claim. Mr. Grande filed a special federal appeal
against this decision before the Federal Chamber of Administrative Law on the grounds
of arbitrariness. On June 10, 1993, this Chamber decided the appeal, denying it and
confirming the judgment appealed.
31.
Lastly, the alleged victim filed a complaint based on the denial of the special
remedy and, on April 12, 1994, the Supreme Court of Justice decided to reject it. Mr.
Grande was notified of the decision on May 3, 1994.
7