Government on May 30, 2000, asking it to submit any observations
within 30 days.
12.
The State sent its third set of observations to the Commission on
July 3, 2000, and these were transmitted to the alleged victim on July
19, 2000, giving him a period of 60 days to make any observations.
13.
The petitioner responded to the State's presentation in a note
dated October 5, 2000. The relevant portions of that note were
transmitted to the Government on October 10, 2000, giving it 60 days
to present any observations.
14.
Argentina provided an additional response to the petitioner’s
submission on January 2, 2001. The contents were made known to the
petitioner on January 3, 2001.
III.
A.
POSITION OF THE PARTIES
Position of the petitioner
15.
The petitioner maintains that the State is responsible for his
arbitrary detention and confinement in preventive detention for an
excessive period of time. He contends that Argentina has failed in its
duty to investigate and punish the prosecution’s introduction of
fabricated evidence during his trial for the purpose of ensuring that he
would be deprived of his liberty while subject to prosecution. He further
complains that the State has prevented adequate reparation for all these
violations, with the consequent denial of justice.
16.
The petitioner reports that he was arrested on June 8, 1994, in
the city of Mar del Plata, and was held in Unit 2 of the Federal
Penitentiary Service in Devoto until November 13, 1997, on the basis of
a warrant issued by the Ninth Federal Criminal and Correctional Court,
under criminal case no. 73, entitled "Padilla Echeverry, José Gilbardo
and others for violation of Law No. 23.737” that was being processed
before the Sixth Oral Tribunal of the Federal Criminal Court of Buenos
Aires.
17.
According to the complaint, the trial and subsequent
imprisonment of Mr. Jenkins resulted from introduction by the
prosecution at the investigation stage of the criminal proceedings of a
falsified transcript of a telephone conversation between the petitioner
and another of the accused that allegedly took place on April 2, 1994.
3
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