3
4)
on April 23, 1991 the 9th National Juvenile Criminal Trial Court
(hereinafter “the 9th Court”) took cognizance of the injuries suffered
by Walter David Bulacio;
5)
on April 26, minor Walter David Bulacio died. On April 30, 1991 the
aforementioned Court declared that it did not have jurisdiction and it
forwarded the case “against NN for injuries inflicted on Walter [David]
Bulacio, followed by death” to the 5th National Criminal Trial Court
(hereinafter “the 5th Court”), which heard crimes committed by adults.
The parents of the alleged victims appeared as applicants before the
9th Court on May 3 in the case regarding the circumstances under
which the detentions took place and the other crimes committed
against Walter David Bulacio and other persons. The case was divided
and the 5th Court retained the investigation regarding the injuries and
death of Walter David Bulacio;
6)
The 9th and 16th National Criminal Juvenile Trial Courts disqualified
themselves regarding the detentions and other illegal actions against
the other persons. On May 22, 1991 the Special Court of the National
Criminal and Correctional Appellate Court issued a joinder of the case
and forwarded it to the 9th Court, where it was called “Bulacio Walter
s/muerte.” On May 28, said Court decided to prosecute Police Captain
Miguel Ángel Espósito for the crimes of illegal denial of liberty, abuse
of authority and non-fulfillment of the duties of a public official. In the
course of seven months, roughly 200 persons rendered testimony and
the case was kept under “secrecy of preliminary proceedings;”
7)
on December 28, 1991 the applicants were given access for the first
time to the testimony in the case file in the 9th Court and they
requested that all the perpetrators be tried, including higher
authorities than Police Captain Espósito;
8)
on February 21, 1992 the Prosecutor requested that the case against
Miguel Angel Espósito be “partially and definitively dismissed”
regarding the death of minor Walter David Bulacio. The Prosecutor
also requested “partial and provisional dismissal” of the case against
Police Captain Espósito as regards illegal imprisonment. On March 20,
1992 the 9th Court ordered preventive detention of the indictee, Police
Captain Miguel Ángel Espósito, for the crime of aggravated illegal
imprisonment of Walter David Bulacio and others, a measure that
“w[ould] not become effective in view of the fact that he has been
released from prison;” it ordered an impounding; it ordered provisional
dismissal of charges “with respect to the investigation of injuries
followed by death of Walter David Bulacio, […] for which fact no person
has been prosecuted” and it ordered provisional dismissal “with
respect to the other facts [investigation regarding various allegations
of injuries, threats, harsh treatment, unlawful harassment or coercion,
theft or wrongful detention of property, misrepresentation of public
document, requisition of means of transportation, and others
mentioned by the Prosecutor [...] and inherent to the application of
the applicant party], for which no person was prosecuted.” In response
to an appeal by the counsel of the accused, on May 19, 1992 the
National Criminal and Correctional Appellate Court (hereinafter