took place on March 11, 2020, during the 134th regular session that the Court held at its seat
in San José.5
10. Acknowledgement of responsibility. On March 4, 2020, the State submitted a brief
acknowledging its international responsibility for the violation of Articles 7, 8, 11 and 25 of
the Convention to the detriment of Messrs. Fernández Prieto and Tumbeiro. In the case of Mr.
Tumbeiro, it also acknowledged its international responsibility for the violation of Articles 1(1)
and 24 of the Convention.
11. Amici curiae. The Court received four amicus curiae briefs presented by: (a) the Centro
de Estudios Legales and Sociales (CELS);6 (b) ELEMENTA DDHH, Human Rights Consultancy;7
(c) Instituto de Defensa del Derecho de Defensa – Márcio Thomaz Bastos,8 and (d) the
Asociación Pensamiento Penal.9
12. Final written arguments and observations. On April 23, May 21 and June 18, 2020, the
Commission, the representatives and the State, respectively, forwarded their final written
arguments and observations with annexes. 10
13. Disbursements in application of the Legal Assistance Fund. On February 5, 2020, the
representatives request to access the Victims’ Legal Assistance Fund of the Inter-American
Court of Human Rights was declared admissible. On June 16, 2020, the report on the
disbursements made from the Legal Assistance Fund in this case, together with its annexes,
was forwarded to the State. On June 24, 2020, the State advised that it had no comments to
make on the said report.
14. Deliberation of this case. The Court deliberated on this judgment in a virtual session on
August 31 and September 1, 2020.11
There appeared at this hearing: (a) for the Inter-American Commission: Paulo Abrão, Executive Secretary,
and Jorge H. Meza Flores, adviser; (b) for the representatives of the presumed victims: Silvia Edith Martínez, Public
Defender of the National Public Defense Service, and (c) for the State of Argentina: Alberto Javier Salgado, Director
for International Human Rights Litigation of the Ministry of Foreign Affairs and Worship; Andrea Viviana Pochak,
Assistant Secretary for Human Rights Protection and International Liaison of the Human Rights Ministry, and Gonzalo
Bueno, Legal Counsel for International Human Rights Litigation of the Ministry of Foreign Affairs and Worship.
5
The brief was signed by Agustina Lloret and Paula Litvachky and refers to the problem of arbitrary stop and
search without a court order.
6
The brief was signed by Adriana Muro Polo, Paula Aguirre Ospina and Renata Demichelis Ávila and refers to
the practice of arbitrary detentions for drug-related offenses in Argentina.
7
The brief was signed by Flávia Rahal, Hugo Leonardo, Guilherme Ziliani Carnelos, Marina Dias Werneck
DeSouza, Domitila Köhler, Gustavo de Castro Turbiani, Johaína Matida, Clarissa Tatiana de Assunçao Borges and
Thiago De Souza Amparo. It provides an analysis of similarities between Brazil and Argentina in relation to police
excesses, as well as in relation to stop and search actions by the police in society and within the Brazilian Judiciary.
8
The brief was signed by Indiana Guereño and Mario Alberto Juliano and refers to the context in which the facts
of the case occurred, the content of the right to personal liberty and exclusion of evidence obtained during an illegal
detention.
9
The Court recalls that, in keeping with Court decisions 1/20 and 2/20, time limits were suspended from March
17 to May 20, 2020, owing to the COVID-19 health emergency.
10
Owing to the exceptional circumstances caused by the COVID-19 pandemic, this judgment was deliberated on
and adopted during the 136th session, which was held virtually using technology, pursuant to the provisions of the
Court’s Rules of Procedure.
11
5