A) Criminal proceeding against Mr. Mohamed
41.
As a result of the events of March 16, 1992, on that same day case No. 25.013
was brought before the Correctional Court No. 3, Secretariat No. 60, against Mr.
Mohamed for the crime of manslaughter.25 This Court was not provided with the full copy
of the criminal case file because “given the time that had elapsed, these proceedings
[were] sent to the General Criminal Archive of the National Judiciary to be destroyed,”26
although some court decisions and appeals were presented. The criminal procedural
system applied to Mr. Mohamed in the criminal proceeding against him was governed by
the Code of Criminal Procedure of 1888 (Law 2372), with its respective amendments.27
42.
The National Prosecutor of First Instance on Criminal and Correctional Matters No.
14 filed charges against Mr. Mohamed as the person criminally liable for the crime of
manslaughter under Article 84 of the Criminal Code and requested “a prison sentence of
one year and special disqualification from driving for six years with costs.” The
prosecutor filed charges against Mr. Mohamed for having run over the aforementioned
woman. The plaintiff’s lawyer requested that Mr. Mohamed be sentenced to “one year in
prison, with special disqualification from driving for six years and payment of court
costs.” Mr. Mohamed’s defense lawyer asked the judge to acquit him.28
43.
Article 84 of the Argentine Criminal Code (Law 11.179) states that:
“Any person who, through imprudence, negligence or incompetence in his or her art or profession, or failure to
observe the regulations or duties under his or her responsibility, causes the death of another, shall be punished
with imprisonment of six months to three years and special disqualification, as appropriate, for five to ten
years.”29
44.
After receiving the evidence, the Public Prosecutor requested a permanent stay of
proceedings in the case, the plaintiff’s representative “filed charges” and the defense
requested an acquittal.30
25
Cf. Judgment issued on August 30, 1994 by the Correctional Court No. 3 Secretariat No. 60, Federal
Capital, supra note 23, pages 252 to 267; notification slip of September 7, 1994 of the judgment issued on
August 30, 1994 Correctional Court No. 3 Secretariat No. 60, Federal Capital (evidence file to facilitate
adjudication presented by the State on July 23 and 30 and August 10, 2012, page 277) and official letter
issued on September 29, 1994 by the Correctional Court No. 3 Secretariat No. 60, Federal Capital (evidence
file to facilitate adjudication presented by the State on July 23 and 30 and August 10, 2012, pages 284 and
285).
26
Cf. Note DCINT No 624/2012 of August 10, 2012 sent by the State to the Inter-American Commission
(Merits file, volume III, page 1173), and official letter of May 21, 2012 signed by the National Correctional
Court Nº 3, Secretariat Nº 60 (evidence file to facilitate adjudication presented by the State on July 23 and 30
and August 10, 2012, pages 374 and 375).
27
The criminal procedural law applied in the proceeding was not included in the body of evidence in this
case. However, the Court understands that the norm was applied on the basis of: the comments made by the
representatives in their brief of pleadings and motions (File on the Merits, volume I, page 327); documents
provided from the criminal case file (evidence file to facilitate adjudication presented by the State on July 23
and 30 and August 10, 2012), and the explanation provided in the Amicus curiae brief in the section entitled
“Status report on current criminal procedural law in Argentina at the time of the incident and subsequent
reforms” (File of Merits, volume II, pages 811 and 812).
28
Cf. Judgment issued on August 30, 1994 by the Correctional Court No. 3 Secretariat No. 60, Federal
Capital, supra note 23, pages 254 to 267.
29
Cf. Criminal Code of Argentina and Complementary Legislation, Law 11.179 of October 29, 1921
(evidence file to facilitate adjudication presented by the State on July 23 and 30 and August 10, 2012, page
79).
30
Cf. Judgment issued on August 30, 1994 by the Correctional Court No. 3 Secretariat No. 60, Federal
Capital, supra note 23, page 266.
13