24 […] until they obtained a confession.” Chamber I acquitted Mr. Bayarri, considering that his confession was obtained by “applying torture.”73 84. When deciding the appeal, the said Chamber I found, based on the medical appraisals carried out on the victim during the first two weeks of his detention,74 that Juan Carlos Bayarri was injured when he was in the custody of agents of the Fraud Division of the Argentine Federal Police. 85. “Leaving to one side the analysis of the responsibilities of each of those who intervened in the facts denounced by Bayarri […],” the said Chamber I concluded that the injuries observed were produced by “torture and coercion by the police agents who intervened in the case.” When acquitting Juan Carlos Bayarri of all guilt and of the charges, Chamber I based its decision on the evidence gathered during the investigation into these facts: The facts proved by the court of first instance of the Capital cannot be branded as an excessive use of force by the police that was essential in order to comply with their lawful duty to detain a person for whom an arrest warrant had been issued. In this case, it has been proved that Bayarri was tortured in order to extract a self-incriminating confession. The content of what Bayarri said […] was included in the case file by means of the testimony of police personnel and, […] two handwritten attestations by him were added to the case file. The fact that, as has been mentioned, the reports prepared by [Dr.] Barriocanal describe the injuries; the fact that [Mr. Bayarri] bears visible signs of ill-treatment, and the failure to prepare a complete forensic medicine report on the health of the detainee are signs of the hostile climate in which […] Bayarri made his statement. 86. Following this decision, on August 25, 2005, during the investigation initiated into the facts, Chamber VII of the National Criminal and Correctional Appeals Chamber of the 73 Cf. judgment of Chamber I of the National Federal Criminal and Correctional Appeals Chamber of June 1, 2004 (file of attachments to the application, attachment 1.7, folios 27 to 54). In his expansion of the said preliminary statement, Juan Carlos Bayarri affirmed his innocence and indicated that his confession had been obtained by torture. Cf. expansion of the preliminary statement of Juan Carlos Bayarri of March 17, 1992, before National Criminal Court of First Instance No. 25 of the Capital of the Argentine Republic (helpful evidence submitted by the State, exp7176cuerpo11_92.pdf, page 169). 74 Cf. physical and psychological examination carried out on November 19, 1991, by the expert in medical jurisprudence of the Argentine Federal Police, Andrés Barriocanal (file of attachments to the application. attachment 1.5, folio 22); testimony of Andrés Barriocanal rendered on July 3, 1992, before National Criminal Court of First Instance No. 13 of the Capital of the Argentine Republic (file of attachments to the pleadings and motions brief, folio 3469); testimony of Dr. José Cohen rendered on September 30, 1992, before National Criminal Court of First Instance No. 13 of the Capital of the Argentine Republic (file of attachments to the application, attachment 1.5, folios 24 and 25); testimony of Héctor Marcelino Troche, nurse with Unit 28 of the Federal Penitentiary Service – Courthouse Prison – rendered on August 31, 1992, before National Criminal Court of First Instance No. 13 of the Capital of the Argentine Republic (file of attachments to the application, attachment 1.2, folio 10); record of the examination carried out November 24, 1991, signed by Dr. José Cohen, doctor on duty of the Judicial Detention Center of the Courthouse Prison (helpful evidence submitted by the State, exp7176cuerpo3_92.pdf, pages 127 and 128); testimony of Wenceslao Emilio Gaebler Villafañe, doctor of Unit 16 of the Federal Penitentiary Service, rendered on July 7, 1992, before National Criminal Court of First Instance No. 13 of the Capital of the Argentine Republic (file of attachments to the pleadings and motions brief, folio 3476); prescription for Juan Carlos Bayarri signed by Dr. Gaebler Villafañe of Unit 16 of the Federal Penitentiary Medical Service on November 26, 1991 (file of attachments to the pleadings and motions brief, folio 3411); testimony of Primitivo Burgo of the Forensic Medicine Unit rendered on July 14, 1992, before National Criminal Court of First Instance No. 13 of the Capital of the Argentine Republic (file of attachments to the application, attachment 1.3, folio 13); report of December 2, 1991, signed by Dr. Mario Sierra of the Otorhinolaryngology Service of the Forensic Medicine Unit (file of attachments to the application, attachment 1.3, folios 14 and 16); testimony of Juan Carlos Bayarri of January 8, 1992, before National Criminal Court of First Instance No. 13 of the Capital of the Argentine Republic (file of attachments to the pleadings and motions brief, folios 3337 and 3338); decision issued by the National Criminal and Correctional Appeals Chamber on April 1, 1997, in the case of “Ramírez, Miguel A. and another – Unlawful Coercion – dismissal of proceedings (file of attachments to the pleadings and motions brief, folios 4841 to 4847).

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