26
With respect to the institutional framework and the rules governing these practices,
the police as an institution have a number of legal definitions: detention to verify
identity, police edicts on misdemeanors and resistance to authority. Based on the
behavior of the detainees, the police would fit that detention within one of the legal
definitions set forth; in the case of a child, they applied Memorandum 40.
Memorandum 40 was a secret communication between correctional judges and the
federal police. Its aim was to register minors detained by the police in those actions:
massive and widespread detention. Detention based on Memorandum 40 continued,
at the police station, by separating minors and adults. Some children were brought
before the Juvenile Judge, while others were simply placed in custody or registered,
then delivered or not to their parents.
The aforementioned legal definitions
“somehow were the grounds for a basically illegal police practice.”
The Bulacio Case has been “emblematic and [...] paradigmatic” in Argentina,
primarily because Walter David Bulacio, who was detained at a rock concert, was
part of the younger generation of the democratic ‘90s and this caused “a type of
strong identification effect.” Given what happened to Walter David Bulacio, most
Argentinean youths “felt that their image was reflected in [him],” as “what happened
to Walter [David] Bulacio [...] could have happened to any [Argentine] youth [of his
age].” Furthermore, a social movement of youths who are now thirty years old
followed this case actively, which shows its generational continuity, expressed
through student demonstrations, videos, movies, publications, and lectures.
As regards measures of reparation, she stated that it is important to maintain and
expand remembrance of this case, which in any case already exists among a part of
the population.
C) EVIDENCE ASSESSMENT
Assessment of the Documentary Evidence
57.
In this case, as in others,24 the Court recognizes the probatory value of the
documents submitted by the parties at the appropriate procedural moment or as
evidence to facilitate the adjudication of the case, which was not disputed nor
challenged, and whose authenticity was not questioned.
On the other hand,
pursuant to Article 43 of the Rules of Procedure, the Court admits the evidence
submitted by the parties with respect to the supervening events that happened after
the application was filed.
58.
Pursuant to Article 44 of the Rules of Procedure, the Court includes the
documents supplied during the public hearing held in the instant case -both the
copies of the national identification documents and the birth certificates and
provisional custody certificates of Matías Emanuel and Tamara Florencia Bulacio- in
the body of evidence to facilitate adjudication of the case.
59.
Once authorized by the President, the State submitted the expert opinions of
expert witnesses Osvaldo Hugo Raffo and Osvaldo Héctor Curci (supra 22 and 49).
24
Cf., Juan Humberto Sánchez Case, supra note 4, para. 45; “Five Pensioners” Case, supra note 4,
para. 84; and Cantos Case, supra note 6, para. 41.