27.
For its part, the State considers that it has complied with its
obligations by having acquitted the victim once the falsity of the
evidence submitted against him was demonstrated, and by having
investigated the facts with the purpose of determining who was
responsible for that falsification.
28.
In its initial response of March 15, 1999, the State reported that
the administrative and criminal proceedings for establishing
responsibility for the production and use of falsified evidence under
criminal case 73 of the Sixth Oral Tribunal of the Federal Criminal Court,
"Padilla Echeverry, José Gilbardo and others for violation of Law No.
23.737," had not been concluded. Consequently, it considered that
remedies within the domestic jurisdiction had not been exhausted.
29.
In its submission of September 16, 1999, the State admitted that
the administrative and criminal proceedings against the prosecutors
Eamon Mullen and José Barbaccia before the Sixth Oral Tribunal of the
Criminal Court of Buenos Aires had been dropped on the grounds that
their conduct was not irregular, and that in fact there was other
evidence against the petitioner that could have linked him with the
crime of drug trafficking. The State again insisted that Mr. Jenkins had
been acquitted in the "Padilla Echeverry, José Gilbardo and others for
violation of Law No. 23.737" case, and was in fact released before the
judgment was issued, which meant that his allegations with respect to
Article 7 were groundless.
30.
The State also declared in the second submission that it has at all
times respected the petitioner's right to a fair trial and due process, and
that it allowed him to intervene throughout the proceedings against him,
and to pursue the appeals available within domestic jurisdiction, and
that in its opinion there has been no violation of Articles 8 and 25 of the
Convention.
31.
The Government maintains that the petitioner should initiate civil
proceedings to establish whether he was due some form of
compensation, and that in any case the alleged violation of Article 10 of
the Convention could not have occurred. Given that the petitioner was
never convicted, there was no judicial error in the case of "Padilla
Echeverry, José Gilbardo and others for violation of Law No. 23.737."
32.
In its second to last submission, dated July 3, 2000, the State
reported to the Commission that, on April 26, 2000, it had been notified
of the action brought by the petitioner before the 10th National Court of
Federal Administrative Disputes of Buenos Aires, claiming payment of
6
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents