27
Within the time allotted for this, the Inter-American Commission submitted its
observations on the expert opinions of said expert witnesses. This Court notes that
the statements of said expert witnesses sought to disprove certain facts regarding
the merits of the case. Because of the international responsibility accepted by the
State (supra 25, 27 and 31-38), the Court will not consider these statements within
the body of evidence.
60.
After the Commission submitted the expert opinion of Emilio García Méndez,
pursuant to the March 6, 2003 Order of the Court (supra 27 and 28), the State filed
its observations, within the time allowed for this purpose (supra 27 and 28), and
pointed out that it deemed that the presentation of the facts and conclusions of the
expert opinion are “based on dogmatic statements.” In this regard, the State argued
that:
a)
the deductions made by the expert witness regarding the link between
abuse in police practices and the phenomenology of said practices
based on the Bulacio Case are hypothetical; and
b)
the expert witness seems to “ignore” the steps taken by Argentina to
comply with its international commitments regarding this matter, both
before and after the facts in the Bulacio case.
61.
Likewise, after the State submitted expert opinion Máximo Emiliano Sozza,
within the time allowed for this purpose (supra 27 and 28), the Commission stated
that it “agree[d] with the historical, juridical and sociological analysis by the expert
witness [...], however, it consider[ed] his answers to be at least ‘incomplete’.” In this
regard, the Commission stated that:
a)
even though there have been legislative changes in the city of Buenos
Aires regarding detentions to check police records and in the police
edict system, the expert opinion omitted the fact that in most
Argentine provinces this type of “arbitrary detentions” continues to be
practiced;
b)
likewise, the expert opinion does not state that the legislative changes
that took place in the city of Buenos Aires only involved modification of
the terms, but not of the powers granted to the police, a fact that has
even been stated by expert witness Sozzo in other publications of his;
c)
the expert opinion does not mention the impact of the Bulacio Case on
the changes that he considers positive, which were in response to
pressure by the citizenry due to the impact of this case; and
d)
in conclusion, “there is no substantial disagreement between the
position of the Argentine State and the position of the Inter-American
Commission and the representatives of the Bulacio family;” however,
the legislative amendments discussed “are not sufficient to avoid
recidivism of cases such as that of Walter David Bulacio.”
62.
The Court has ascertained that the expert opinions of expert witnesses
Máximo Emiliano Sozzo and Emilio García Méndez were contributed to the
proceedings by means of the brief. The parties had a procedural opportunity to
submit observations on the expert opinion offered by the counterpart, thus