9 the International Covenant on Civil and Political Rights in support of its contention that international law does not require a further instance of review in the case of convictions originating at the appellate level. IV. ESTABLISHED FACTS 30. At the time of the facts, Mr. Oscar Alberto Mohamed was employed as a driver on bus line No. 2,3 with a monthly salary of 500.75 Argentine pesos.4 He was married to Julia Potenza, with whom he had four sons: Javier Oscar, born December 8, 1977; Ariel Alberto, born June 3, 1980; Damián Darío, born August 18, 1982; and Daniel Alexis, born July 12, 1986, all with the surnames Mohamed Potenza.5 31. On March 16, 1992, Oscar Alberto Mohamed was involved in a traffic accident at the intersection of Belgrano Avenue and Piedras Street in the city of Buenos Aires, Republic of Argentina, as driver of bus number 22. As a result of said accident, Mr. Mohamed struck Adela Vidarte de Urli, who sustained serious injuries. In the hospital to which she was taken, she died from a skull fracture, contusion, and brain hemorrhage.6 32. Mr. Mohamed was tried for negligent homicide for the facts in a proceeding in Correctional Court No.3, Secretariat No. 60.7 On August 30, 1994, the judge in the case handed down a decision “absolving Oscar Alberto Mohamed of blame and charges for the crime of negligent homicide defined and punished in Article 84 of the Criminal Code (…).”8 The prosecutor and the counsel for Oscar Alberto Mohamed appealed the judgment. The defense appealed with respect to the allocation of attorney’s fees.9 The appeal was considered in the First Chamber of the Chamber of Appeals for Criminal and Correctional Matters.10 33. relevant part: On February 22, 1996, the Chamber decided the matter, resolving, in the (…) II) To revoke operative point I of the appealed judgment (…) and CONVICT OSCAR ALBERTO MOHAMED of the other personal conditions in the instant case because of his criminal responsibility for the crime of negligent homicide, and to sentence him to three years 13 Petitioners’ note of April 1, 1996. 24 Petitioners’ note of June 25, 1996. Annex: receipt for payment to Mr. Mohamed in April 1995. 35 Petitioners’ note of June 25, 1996. Annexes: marriage certificate; birth certificates of Javier Oscar, Ariel Alberto, Damián Darío, and Daniel Alexis, all with the surnames Mohamed Potenza. 46 Petitioners’ note of April 1, 1996. Annex, Judgment on the appeal rendered by the First Chamber of the Criminal and Correctional Appeals Chamber, of February 22, 1995. The State’s note of May 19, 1997, which presents the same copy of the ruling. 57 Petitioners’ note of April 1, 1996. Annex. Certificate of notification of judgment of the Correctional Court No. 3 Secretariat No. 60 of September 7, 1994. 68 Petitioners’ note of April 1, 1996. Annex. Certificate of notification of judgment of the Correctional Court No. 3 Secretariat No. 60 of September 7, 1994. 79 Petitioners’ note of April 1, 1996. Annexes, Judgment on the appeal handed down by the First Chamber of the Chamber of Appeals for Criminal and Correctional Matters on February 22, 1995 and brief filed by Roque J. Martione appealing to the Chamber of Appeals for Criminal and Correctional Matters. 10 Petitioners’ note of April 1, 1996. Annexes, Judgment on the appeal handed down by the First Chamber of the Chamber of Appeals for Criminal and Correctional Matters on February 22, 1995 and brief filed by Roque J. Martione appealing to the Chamber of Appeals for Criminal and Correctional Matters.

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