7
23.
The representatives noted that, in fact, the State executed the publications as
stipulated in the terms of its report.
24.
The Commission valued that the State had complied with said operative paragraph.
25.
The Court positively views the State’s actions to ensure that the Judgment relating to
the present monitoring process was published. Therefore, based on the information
provided by the parties, the Court emphasizes the importance of compliance with this
reparation measure and deems that operative paragraph eleven of the Judgment (supra
Having Seen 1) has been fully complied with.
e)
Regarding the obligation to ensure that Mr. Juan Carlos Bayarri’s name is
duly and immediately purged from all public records in which he appears with a
criminal history (operative paragraph twelve of the Judgment).
26.
The State declared that the security forces, i.e. the National Naval Prefecture, the
Gendarmerie, the Argentine Federal Police, and the Airport Police, have taken steps to
comply with the Court’s order. The State submitted documents to the Court confirming that
Mr. Bayarri has no criminal history in the first three of these institutions. The State did not
submit any such documentation from the Airport Police.
27.
The representatives noted that “[his] police record has already […] been deleted,”
however, they also indicated that the State did not submit any proof certifying that his
criminal history had been eliminated by the Airport Police.
28.
The Commission characterized the State’s information as helpful, but nonetheless
stated that it awaits updated information regarding the Airport Police’s purging of the
relevant records.
29.
The Court positively views the efforts made by the State to date to purge Mr.
Bayarri’s criminal record from public records in Argentina. Nevertheless, considering the
comments made by the State, the representatives, and the Commission, it is evident that
certain probative information and documentation relating to the purging of Mr. Bayarri’s
criminal history from the Airport Police’s records has still not been received. As a result, the
Court deems that the obligation set forth in operative paragraph twelve of the Judgment
(supra Having Seen 1) to be partially complied with and, therefore, requests that the State
present any outstanding information that is relevant to clearing Mr. Bayarri’s criminal
history.
f)
Regarding the obligation to include, if it has not already done so, the
participation of members of security services and those involved in the
investigatory and administrative branches of its legal system in activities to create
awareness and educate about the prevention of torture and cruel, inhuman, or
degrading punishment or treatment (operative paragraph thirteen of the
Judgment).
30.
The State has not presented any information regarding this obligation.