7
arose out of unlawful arrests. The petitioners indicate that the practice of arrest for “suspicious behavior” is
widespread and opens the door to the abuse of police power.
44.
For its part, the State did not argue the admissibility of the Tumbeiro case. With respect to
the Fernández Prieto case, it contended that the arrest had been made lawfully and that Mr. Fernández
Prieto had enjoyed all judicial guarantees. It claimed that the petitioners would have the Commission act
as a fourth instance of appeal for a domestic judgment that was unfavorable to Mr. Fernández Prieto, and
that the petition should therefore be declared inadmissible.
45.
The Commission finds that, if proven, the facts alleged by the petitioners could tend to
establish violations of Articles 7 (personal freedom), 8 (fair trial), and 25 (judicial protection), of the American
Convention in conjunction with Articles 1(1) (obligation to respect and ensure rights) and 2 (duty to adopt
domestic legal measures) of that instrument.
46.
The Commission further concludes that the information submitted by the parties does not
provide sufficient evidence to infer the alleged characterization of violations of Article 11 of the Convention
by the Argentine State.
V.
CONCLUSIONS
47.
The Commission concludes that it is competent to hear the case before it and that the
petition is admissible under Articles 46 and 47 of the American Convention.
48.
of the matter,
On the basis of the foregoing findings of fact and of law, and without prejudging the merits
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES:
1.
To declare the case before it admissible with respect to the alleged violations of Articles 7,
8, and 25, in conjunction with Articles 1(1) and 2 of the American Convention.
2.
To declare the petition inadmissible with respect to the alleged violations of Article 11 in
conjunction with Article 1(1) of the American Convention.
3.
To notify this decision to the parties.
4.
To continue its analysis of the merits of the case.
5.
of the OAS.
To make this report public and to publish it in its Annual Report to the General Assembly
Done and signed in the city of Washington, D.C., on the 19th day of the month of March, 2012.
(Signed): José de Jesús Orozco Henríquez, President; Tracy Robinson, First Vice-President; Felipe
González, Second Vice-President; Dinah Shelton, Rodrigo Escobar Gil, Rosa María Ortiz and Rose-Marie
Antoine, Commissioners.