20. The defense counsel filed an incidental plea of appeal requesting the dismissal of the case against police Captain Espósito for the death of Walter Bulacio. The Appeal Court (Chamber VI) disallowed the appeal on June 19, 1996. The case file was returned to National Juvenile Court N° 4 with no new evidence about who was responsible for the death of Walter Bulacio. 21. The principal trial documents were presented to Trial Court "W" at the trial stage--system prior to the last reform of the Criminal Procedural Code--where the prosecutor presented his indictment on April 18, 1996. On behalf of the 73 victims, the prosecutor formally requested that Police Captain Espósito should be sentenced to 15 years prison to be served in full and 30 years absolute ineligibility from exercising public functions. On May 16, 1996, the complainant, representing the parents of Walter Bulacio, presented charges and called for 6 years prison and 12 years ineligibility for the crime of aggravated unlawful deprivation of liberty. 22. On June 28, 1996, the final date for presenting the defense plea, Police Captain Espósito’s lawyer presented an appeal of lack of jurisdiction, requesting that the documents relating to the legal proceedings should be transferred to the Federal courts. In the same document, he objected to the prosecutor, based on her manifest enmity because she had brought the charges. In August 1996, Trial Court "W" disallowed the prosecutor’s recusal before resolving the "lack of jurisdiction". The defense counsel appealed, and the Appeal Court (Chamber IV) disallowed the appeal on October 10, 1996. Finally, the defense filed a complaint appeal which was disallowed on October 24, 1996. 23. On December 2, 1996, Trial Court "W" heard the incidental plea for "lack of jurisdiction" which was declared to be "a matter of law". On December 16, 1996, having observed that the defense counsel had offered documentary evidence, the judge revoked the previous decision and began taking testimony on the incidental plea. The office of the prosecutor and the complainant did not consider it necessary to present evidence. On March 4, 1997, an official note was sent to the Federal Police requesting them to provide further information on Memorandum N° 40--if it was taught in police academies and entrance courses--and other information requested by the defense counsel to uphold that this was a federal issue. The appeal was disallowed on March 26, 1998--22 months after the defense counsel had lodged it--and the parties were notified on April 7, 1998. At the date on which the Commission approved this report, the judgement was not firm and was going to be elevated to the Appeal Court for Criminal and Correctional Matters (Chamber VI) for consideration. 24. Since March 1996, there has been no progress in clarifying the circumstances surrounding the facts or those responsible. More than 7 years after the arrest and death of Walter Bulacio, there is still no judgement of first instance. 25. The complaint mentions that since December 1996, the only activity carried out by Trial Court "W" has been to address three notes to the Federal Police. The first two requested reports on administrative issues linked to Memorandum N° 40 and the statutory faculties of police captains, while the third one added the 1997 agreements between the Head of Government of the city of Buenos Aires and the Federal Police hiring the latter to organize and control vehicle transit in the city. The complainant has insistently requested that the case for unlawful deprivation of liberty should be reopened. 26. Since 1994, Police Captain Espósito is being judicially prosecuted for the crime of unlawful deprivation of liberty against seventy-three people; there is an order of preventive custody against him, but with release from custody. However, the petitioners indicate that his career in the police force has continued in different positions of authority and he has even led a delegation in charge of carrying out all the police operations in the Federal Capital. Police Captain Espósito ceased to belong to the active ranks of the Argentine Federal Police in December 1995. At that 4