7
[the] Prosecutor’s Office in disciplinary administrative investigation No. 465-18-000.048-92
[…], (R) Captain Miguel Ángel Espósito be dismissed from the Force without pension under
Section 563 of the Regulations of Law No. 21965, on Personnel of the Argentine Federal
Police Department.” Moreover, the State noted that, upon the case file being sent to the
Minister of Justice, Security and Human Rights, “said Minister issued Resolution 2706/2008
[published in the September 19, 2008 issue of the Official Gazette], ordering the dismissal
without pension of Police Captain […] Miguel Angel Espósito.” “[E]ven though the Head of
the Police Department requested that the retirement of the Captain be turned into his
dismissal with pension, after analyzing his conduct and in exercise of the powers vested in
him, the Minister decided to convert the Captain’s legal status into one carrying more
serious consequences, i.e. dismissal without pension.”
20.
That, as regards the administrative proceeding against Captain Espósito, the
representatives have learned that the “even though in a belated fashion, the Ministry of
Justice has acknowledged that [C]aptain Espósito ‘abused his position and overstepped the
bounds of his authority in ordering that Walter Bulacio be imprisoned.” However, the
representatives stressed that “[a]lso in this investigation, [C]aptain Espósito’s defense
attorneys d[id] their best to hinder the proceedings and the public institutions respond[ed]
inefficiently.”
21.
That, on the other hand, as regards the application of administrative sanctions to
Captain Espósito on account of his responsibility for the arrest and custody of the victim, the
Commission stated that it “commends this important step taken by the State of Argentina
towards discharging its obligation to investigate and punish those responsible for the human
rights violations inflicted upon Walter Bulacio.”
22.
That, given that by way of Resolution 2706/2008 the Ministry of Justice, Security and
Human Rights ordered Captain Miguel Ángel Espósito dismissed without pension (supra
Considering clauses Nos. 19, 20 and 21), it is the Court’s view that such measure is part of
the State’s compliance with the Judgment and the relevant obligation to investigate the
facts of the instant case and punish those responsible therefor.
*
*
*
23.
That, in view of the above statements regarding the criminal proceeding and the
administrative investigations, it is essential for the State to provide updated, detailed and
complete information on the steps taken and progress made in the relevant proceedings in
order that this Court may assess compliance with the fourth operative paragraph of the
Judgment, which paragraph addresses the State’s duty to carry out investigations aimed at
prosecuting and eventually punishing those responsible for the facts and to publicize the
outcome of such investigations.
*
*
*
24.
That, as regards the obligation to provide the victims’ next of kin full access to and
allow them to be able to act at all stages and levels of the investigations, in accordance with
the domestic laws and regulations and the provisions of the Convention, the State reported
that “[s]o far, it has not been possible to comply with [the relevant] operative paragraph
either.” In this regard, it stated that, fully observant of the constitutional separation of
powers, “the […] President of Argentina signed Decree [No. 1313/08], intended to authorize
the Human Rights Secretary’s Office to appear [as complainant] in the court proceedings