13
the pleadings and motions brief had been forwarded; in other words, considered to be
supervening evidence. This documentation was not contested and its authenticity and truth
were not questioned. The evidence forwarded by the representatives at the same procedural
opportunity that does not refer to supervening facts33 is incorporated into the body of
evidence to the extent that it has not been contested by the State and may be useful for the
Court to determine the facts in this case; it will therefore be assessed in conjunction with
the other elements of the body of evidence, within the factual framework being examined.
45.
Regarding the documents transmitted by the representatives and by the State with
their final written arguments, the Court will incorporate into the body of evidence, as helpful
evidence, those that respond to the requests made by the Court during the public hearing
held in this case (supra para. 7).34 The Court will assess all this information applying the
rules of sound judicial discretion, within the factual framework being examined.
preliminary objection filed by the State, Single tome, folios 5364 to 5411 and 5412 to 5416). As attachment C:
true copy of the Internal Agenda No. 3 of the Argentine Federal Police of January 4, 2008 (file of attachments to
the arguments of the representatives on the preliminary objection filed by the State, Single tome, folios 5412 to
5416). As attachment F: copy of the magazine “Noticias de la Semana”, Year XXXI No. 1622, January 26, 2008
(file of attachments to the arguments of the representatives on the preliminary objection filed by the State, Single
tome, folios 5427 to 5560).
33
Cf. as attachment A: judgment of the Supreme Court of Justice of July 11, 2007, deciding the appeal for
review of facts as well as law (recurso de hecho) in the case “Law, René Jesús: Motion for statute of limitations in
relation to the criminal action–case No. 24,079,” to which the Prosecutor General’s opinion of September 1, 2006,
is attached (file of attachments to the arguments of the representatives on the preliminary objection filed by the
State, Single tome, folios 5344 to 5363). As attachment D: Certified copy of the identity document and driver’s
license of Juan José Bayarri (file of attachments to the arguments of the representatives on the preliminary
objection filed by the State, Single tome, folios 5419 to 5424). As attachment E: note of March 17, 1995, signed by
Dr. Jorge Luis Maiorano, Ombudsman, advising Juan José Bayarri of the list of the actions he had taken before this
instance (file of attachments to the arguments of the representatives on the preliminary objection filed by the
State, Single tome, folios 5424 to 5426). As attachment G: true copy of deed number fifty-one: donation of bare
legal title: Juan José Bayarri and another to Juan Carlos Bayarri, signed on May 16, 1988, and true copy of deed
number sixteen: waiver of the beneficial interest Juan José Bayarri and another of January 24, 1989 (file of
attachments to the arguments of the representatives on the preliminary objection filed by the State, Single tome,
folios 5561 to 5572, and 5586 to 5594). As attachment H.1): 25 copies of invoices authorized by the Federal
Penitentiary Service, Unit 16, accrediting funds to the account of the alleged victim during the years he was
imprisoned (file of attachments to the arguments of the representatives on the preliminary objection filed by the
State, Single tome, folios 5596 to 5619). As attachment H.2): Paper and envelope with the letterhead “Bernal
Motor Cars” and original commercial stamps of “Bernal Motor Cars.” (file of attachments to the arguments of the
representatives on the preliminary objection filed by the State, Single tome, folios 5620 to 5624). ). As attachment
H.3): original of newspaper articles and photographs related to the hairdressing business “Coiffeur” of the alleged
victim’s brother (file of attachments to the arguments of the representatives on the preliminary objection filed by
the State, Single tome, folios 5625 to 5637).
34
Cf. as attachment A: text of the Organic Law, Regulations of the Organic law, Personnel law, Regulations
of the Personnel Law, and Civil Personnel Statute of the Internal Security Secretariat of the Presidency of the
Nation, Argentine Federal Police, Police Editorial (file of attachments to the brief with final arguments of the
representatives, tome 1, folios 5662 to 5761); As attachment E: Civil Code of the Argentine Republic. Edition
updated under the supervision of professors of the University Institute of the Argentine Federal Police (file of
attachments to the brief with final arguments of the representatives, tome 1, folios 5813 to 6109). As attachment
J: text of Law No. 21,839: “Professional Fees.” Text updated with the modifications established in Law No. 24,432.
Decree No. 794/94. Text of Law 11,672: “Fees of Experts and Professionals employed by the Nation.” Text of
Decree No. 2284/91: “Financial deregulation: Fees” and text of Decree Law No. 8,904/77: “Professional Fees.
Province of Bs. As” (file of attachments to the brief with final arguments of the representatives, tome 1, folios 6665
to 6680). As attachment I: updated Juridical Guidelines for the National Courts of the Province of Buenos Aires,
autonomous city of Bs. As., and for Federal Courts in the Country’s Interior. 2007 (file of attachments to the brief
with final arguments of the representatives, tome 1, folios 6565 to 6664). As attachment C: police attestations
dated April 21 and 22, 2008. Identity document with the right eye “punctured” and certificate of criminal record
issued on July 21, 2006 (file of attachments to the brief with final arguments of the representatives, tome 1, folios
5786 to 5797). As attachment D: receipt for salaries paid to Mr. Bayarri and identification card to withdraw these
salaries from the bank; communication addressed to the President of the Retirement and Pension Fund of the
Argentine Federal Police, in which Mr. Bayarri requested information about the pension payments owed to him (file
of attachments to the brief with final arguments of the representatives, tome 1, folios 5798 to 5805).