by the officers for the purported suspicion were validated judicially. The Commission reiterates that the
evidence obtained in the context of these procedures should be excluded; on not having done so, the domestic
authorities allowed both the pretrial detention and the criminal trial and conviction to become arbitrary as
well. With respect to pretrial detentions, the Commission also observes that they extended for the unreasonable
time of six years in the case of Mr. Fernández and four years in the case of Mr. Tumbeiro, from the deprivation
of liberty to the convictions becoming final.
75.
In view of the foregoing, the Commission concludes that the State of Argentina is responsible for
violating the rights established at Articles 7(1), 7(2), 7(3), 7(5), 8(1), 11(2), and 25(1) of the American Convention
in relation to Articles 1(1) and 2 of the same instrument, to the detriment of Carlos Alberto Fernández Prieto and
Carlos Alejandro Tumbeiro.
VI.
CONCLUSIONS
76.
Based on the considerations of fact and law set forth throughout this report on the merits, the
Inter-American Commission concludes that the Argentine State is responsible for violating the rights to
personal liberty, judicial guarantees, and judicial protection, established at Articles 7(1), 7(2), 7(3), 7(5), 8(1),
11(2), and 25(1) of the American Convention, in relation to the obligations established at Articles 1(1) and 2 of
the same instrument, to the detriment of Carlos Alberto Fernández Prieto and Carlos Alejandro Tumbeiro.
VII.
RECOMMENDATIONS
77.
In light of the foregoing conclusions,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
RECOMMENDS TO THE STATE OF ARGENTINA,
1.
That it make full reparation for the human rights violations found in this report in
both the material and moral aspects to the detriment of Carlos Alberto Fernández Prieto and
Carlos Alejandro Tumbeiro. This reparation should take into account both that the initial stop
and search were not in keeping with the requirements of the American Convention, and the
proceedings, pretrial detention, and criminal conviction that took place based on the findings
of the initial stop and search, in the terms established in this report.
2.
That it adopt legislative, administrative, or other measures to prevent the repetition
of the human rights violations found in this report. In particular: (i) the State should ensure
that the legislation that regulates the power to stop and search persons in public places on the
basis of suspicion that they might be committing a crime is based on objective reasons and
includes requirements to justify those reasons in each case; (ii) the State should adopt
measures to properly train police personnel so as to avoid abuses in the exercise of that power,
including trainings on the prohibition on exercising it in a discriminatory manner based on
profiles associated with stereotypes; and (iii) the State should ensure the existence and
implementation of judicial remedies to address reports of public abuses in the context of the
exercise of that power.
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