offenses are related to the exercise of his public offices, mainly as mayor of the city of
Corrientes.
19. In 2010, more than 50 criminal investigations were opened against Mr. Romero Feris.13
The Commission, however, presented its factual framework and analyzed the possible
infringements of the Convention with regard to the criminal proceedings in four cases: (a)
Case: SITRAJ-Corrientes on Complaint; (b) Case: Romero Feris, Raúl Rolando and Zidianakis,
Andrés for Embezzlement; c) Case: Romero Feris, Raúl Rolando; Isetta, Jorge Eduardo;
Magram, Manuel Alberto for Embezzlement; Ortega, Lucía Placida for Embezzlement and use
of false document and (d) Case: Intervention Commissioner of the city of Corrientes, Juan
Carlos Zubieta on Complaint. In the latter case, pre-trial detention was ordered for Mr.
Romero Feris.
B. Regarding the pre-trial detention of Mr. Romero Feris
20. In 1999, the Union of Judicial Employees of Corrientes filed a complaint against Mr.
Romero Feris and other public officials at the Office of the First Prosecutor of Instruction of
Corrientes (hereinafter “First Prosecutor”), claiming that the alleged victim was responsible
for fraudulent administration, unlawful enrichment, embezzlement, abuse of authority, fraud
and embezzlement of public funds, among other offenses.14
21. Mr. Romero Feris was detained on August 3, 1999 in the city of Corrientes pursuant to
a request of investigation by the First Prosecutor and an arrest warrant issued by the Second
Examining Magistrate of Corrientes on August 2, 1999.15 On October 7, 1999, by Resolution
N° 1321, the arrest was converted into pre-trial detention.16
22. In July 2001, before the victim had been deprived of his liberty for two years, his defense
counsel requested the Examining Magistrate to order his liberty.17 On August 1, 2001, the
First Examining Magistrate (hereinafter “First Magistrate”) rejected the request and extended
the pre-trial detention for eight months, beginning on August 4, 2001.18
23. The First Magistrate and the First Criminal Chamber of Corrientes ordered the release
of the alleged victim on September 3, 200219 and September 10, 2002, respectively.20 It is
an undisputed fact that he was released on September 11, 2002.
C. Regarding the criminal proceedings against Mr. Romero Feris
24. The Court will now refer to the recourses that were filed in each of the four criminal
cases that are included in the Commission’s factual framework.
C.1. Case: SITRAJ-Corrientes on Complaint
13
Cf. Report of the Judiciary of the Province of Corrientes (evidence file, fs. 201 to 235)
14
Cf. First Court of Instruction, Resolution N° 1251 of August 2, 2001 (evidence file, fs. 3400 to 3411)
15
Cf. First Court of Instruction, Resolution N° 1251 of August 2, 2001 (evidence file, fs. 3400 to 3411).
Cf. The decision to extend the pre-trial detention of the alleged victim mentions that document. Cf. First
Court of Instruction, Resolution N° 1251 of August 1, 2001 (evidence file, f. 190). The State submitted with its final
written arguments extracts of Indictment N° 1321 of Mr. Romero Feris of the Second Court of Instruction of October
7, 1999 (evidence file, fs. 345 and 346).
16
17
Cf. Petition for release presented by Mr. Romero Feris (evidence file, fs. 169 to 180).
18
Cf. First Magistrate, Resolution N° 1251 of August 1, 2001 (evidence file, fs. 183 to 195.
19
Cf. First Court of Instruction, Resolution N° 1023 of September 3, 2002 (evidence file, fs. 349 to 352).
20
Cf. First Criminal Chamber, Resolution Nº 581 of September 10, 2002 (evidence file, fs. 353 to 361).
6