domestic remedies as they apply to this aspect of the petition have been
exhausted.
40.
Secondly, in its initial presentation the State argued that, with
respect to the alleged crimes of falsification on the part of prosecution
officials Eamon Mullen and José Barbaccia, the remedies available within
domestic jurisdiction had not been exhausted. Subsequently, Argentina
admitted that administrative and criminal proceedings against those
officials had been dropped.
41.
The petitioner maintains that the lack of due diligence in the
criminal and administrative investigations against prosecutors who
introduced false evidence in the case, together with the fact that federal
legislation on criminal procedure did not allow him any remedy against the
decision to dismiss the complaint in case 19.756, meant that he was
denied effective access to domestic remedies, despite his attempts to
have those proceedings continue and thereby give the State the
opportunity to complete its investigation and punish those responsible,
something that has not occurred to date.
42.
The Commission has confirmed that on April 20, 1998, the Second
National Federal Criminal and Correctional Court, in case 19.756, "Oral
Tribunal of the Federal Criminal Court, public offense," dismissed the
complaint brought by the Sixth Oral Tribunal of the Federal Criminal Court
of Buenos Aires, relating to the use of false evidence in case 73 on the
record of that Court, "Padilla Echeverry, José Gilbardo and others for
violation of Law No. 23.737," without going into any examination of the
possible liability of the prosecutors Eamon Mullen and José Barbaccia.
43.
The IACHR has also verified that, by administrative resolution
MP108/99 of September 6, 1999, the National Prosecutor's Office ordered
the definitive suspension of administrative proceeding no. 835/98 against
the prosecutors Eamon Mullen and José Barbaccia at the instance of the
Sixth Oral Tribunal of the Federal Criminal Court of Buenos Aires, relating
to the use of false evidence in case 73 on the record of that Court, "Padilla
Echeverry, José Gilbardo and others for violation of Law No.
23.737." This was done on the grounds that, because the criminal
charges against the prosecution officials named above had been
dismissed, there were no grounds for seeking administrative punishment.
44.
In the Commission's opinion, the judicial and administrative
decisions referred to in the preceding paragraphs, that brought to a close
the remedies available within domestic jurisdiction as they related to the
alleged responsibility of prosecution officials for the production and use of
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