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.