5
21.
The petitioners stated that on August 5, 1999, when numerous pieces of evidence
required for the complaint were still to be produced, Judge Raúl Irigoyen ruled to dismiss the case because
no crime had been committed, and this decision was notified to the relatives of the presumed victim on
August 10, 1999. They noted that in light of that judgment, the relatives of the presumed victim lodged
an appeal with the National Chamber of Criminal and Correctional Appeals, Court V, which confirmed that
the file should be dismissed. They indicated that, in response to that ruling, they filed an appeal for review
by a higher court on October 12, 1999, which was denied on October 21, 1999, and notified on November
1 of that year. They further stated that on February 3, 2000, they submitted an appeal for special review
(recurso de casación) to the National Chamber of Criminal Review (Cámara Nacional de Casación Penal),
which was declared inadmissible on March 7, and notified on March 15, 2000. Finally, they said that on
March 23, 2000 they lodged a complaint remedy (recurso de queja) with the Supreme Court of Justice,
which was dismissed on December 18, 2001, and notified on December 28, 2001.
22.
The petitioners allege that the Argentinian State should be held responsible for violating
Articles 8 and 25 of the American Convention because substantially: i) the District Attorney’s Office No.
10, under the responsibility of Juan Sansone, never requested any measure or showed interest in the
course of the investigation, limiting himself to take note of the judge’s ruling; ii) the authorities did not
conduct a serious, objective, diligent, and transparent criminal investigation; iii) various pieces of evidence
were improperly denied; iv) the case was dismissed even though numerous pieces of evidence suggested
by the relatives of the presumed victim were still to be submitted; iv) there was a lack of impartiality and
objectivity on the part of the authorities during the course of the judicial process; and v) a reasoned
conclusion concerning the death of the presumed victim was not received because the courts that heard
the appeals limited themselves to reproduce the arguments of the judge of first instance. They held that
“the principle of the effectiveness of the judicial appeal becomes fictitious if its processing is plagued by
irregularities ….”
23.
Finally, the petitioners contend that Article 24 of the American Convention was violated
in the instant case because “the police decided to take with them three citizens who, curiously, happened
to be black,” that “several civil witnesses stated that there had been no reason to make an arrest, but
nonetheless, three persons were arrested”, and that “by chance, these three people were foreigners of
African descent, which, at the very least, raises the question as to whether the arrests were motivated by
racial reasons more than by the alleged ‘disturbances on public thoroughfares.’”
24.
In conclusion, the petitioners alleged presumed violations of the rights set out in Articles
4 (right to life), 5 (right to the humane treatment), 7 (right to personal liberty), 8 (right to a fair trial), 24
(equality before the law ), and 25 (judicial protection) of the American Convention.
25.
As concerns fulfillment of the admissibility requirements, the petitioners argued that in
the instant case they had exhausted domestic remedies and that the petition had been submitted within
six months, pursuant to Article 46 of the American Convention.
B.
Position of the State
26.
The State argued that the petition is inadmissible because it does not describe facts that
tend to constitute a violation of a right guaranteed by the American Convention. It stated that a detailed
analysis of the complaint and a thorough reading of the four bodies that make it up shows that the
petitioners intend that the Commission serve as a “fourth instance.”