detentions of Messrs. Fernández Prieto and Tumbeiro, as well as its responsibility in relation
to the right to equality before the law and the prohibition of discrimination in the case of Mr.
Tumbeiro. The Court will also rule on the corresponding reparations.
22. Nevertheless, on this occasion, the Court does not find it necessary to open up the
discussion on all the points that were the purpose of the litigation, because some legal claims
argued in this case, such as the violation of the judicial guarantees and judicial protection of
Messrs. Fernández Prieto and Tumbeiro, were expressly recognized by the State in its
acknowledgement of international responsibility, and have been extensively developed in the
Inter-American Court’s case law.
V
EVIDENCE
A. Admissibility of the documentary evidence
23.
The Court received various documents presented as evidence by the Commission, the
representatives and the State, as well as those requested by the Court or its President as
helpful evidence and, as in other cases, it admits them in the understanding that they were
presented at the appropriate procedural moment (Article 57 of the Rules of Procedure)21 and
their admissibility was not contested or refuted.
B. Admissibility of the testimonial and expert evidence
24. This Court finds it pertinent to admit the statements provided by affidavit 22 and during
the public hearing23 insofar as they are in keeping with the purpose defined by the President
in the order requiring them and the purpose of this case.
VI
FACTS
25.
This case relates to the illegal and arbitrary detention of Carlos Alberto Fernández Prieto
and Carlos Alejandro Tumbeiro, in 1992 and 1998, respectively. The Court will describe the
facts acknowledged by the State in the following order: (a) context of detentions without a
court order or a situation of flagrante delicto in Argentina; (b) detention and criminal
proceedings against Carlos Alberto Fernández Prieto; (c) detention and criminal proceedings
against Carlos Alejandro Tumbeiro, and (d) applicable laws.
A. Context of detentions without a court order or a situation of flagrante delicto
in Argentina
26.
In its acknowledgement of international responsibility, signed on March 4, 2020, the
State accepted all the conclusions set out by the Commission in its Merits Report, which include
In general, the documentary evidence may be submitted according to Article 57(2) of the Rules of Procedure
together with the brief submitting the case, the brief with pleadings and motions, or the answering brief, as applicable,
and evidence forwarded outside these procedural occasions is not admissible, safe for the exceptions established in
the said Article 57(2) of the Rules of Procedure (namely, force majeure and grave impediment) or if it relates to a
supervening fact; that is, one that occurred after the said procedural moments.
21
Cf. Expert opinion of Juan Pablo Gomara and statements of Fátima Adriana Castro and Carlos Alejandro
Tumbeiro.
22
Cf. Opinions of expert witnesses Sofía Tiscornia and Hernán Víctor Gullco provided during the public hearing
held in this case.
23
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