21
various juridical rights or place them at risk. The definitions of misdemeanors in this
legal instrument, contrary to those contained in the police edicts, reflected a clear
orientation toward the “act” rather than the “actor,” with a strongly “objectivizing”
content regarding the offenses. As regards punishment, imprisonment is exceptional
as a means to punish for misdemeanors. On the other hand, in that same month of
March 1998, the legislative assembly of the city of Buenos Aires adopted the Law on
Misdemeanor Proceedings, which completed the process of judicializing matters
pertaining to misdemeanors. The police ceased to play its double role as “legislator”
and “judge” regarding misdemeanors, and the possibility of police officers detaining
persons outside the control of prosecutors was eliminated.
Furthermore, the
detainee must be “informed of the causes for his or her apprehension, of the charges
against him or her, of the intervening judge and prosecutor, and of his or her rights.”
*
*
*
54.
On July 16, 2003 the representatives of the next of kin of the victim
submitted the evidence requested by the Court to facilitate adjudication of the case
(supra 30).22
55.
On August 12, 2003 the State submitted the documents requested by the
Court as evidence to facilitate adjudication of the case (supra 30).23
B) TESTIMONAL AND EXPERT EVIDENCE
56.
On March 6, 2003 the Court heard the statement of the witness and the
expert opinions of the expert witnesses offered by the Inter-American Commission.
The Court summarizes the significant parts of said statements as follows:
a)
Testimony of Graciela Rosa Scavone, mother of the victim
At the time of the events, Walter David Bulacio was 17 years old and was finishing
secondary school. He was a good student and planned to study law and specialize in
diplomacy. He also worked half time as a caddie at a golf field. His income depended
on what his clients gave him; however, “it could be up to 20 pesos” daily, which he
used, in part, to support his family.
The
the
and
and
members of the family group were Víctor David Bulacio, Walter David’s father;
witness, Walter David’s mother; Lorena Beatriz Bulacio, Walter David’s sister;
Walter David Bulacio. They constituted a normal family. Both parents worked
supported the household.
Walter David left on Friday, April 19, 1991 about 8:00 p.m., for a concert. He told his
mother that this type of concerts usually finished late and if that happened he would
not come home that night, but go directly to work. He told her not to worry and that
the next day, about 6:00 p.m., he would come home.
22
Cf., Sheets 1017 to 1024 of the main file on the merits at the Secretariat of the Court entitled
“Caso Bulacio. Fondo. Tomo V”.
23
Cf., Sheets 1033 to 1180 of the main file on the merits at the Secretariat of the Court entitled
“Caso Bulacio. Fondo. Tomo V”.