is the judge's job to refute said evidence.107 The Court rejected the appeal, finding that there were sufficient grounds to archive the case.108 D. Acts of intimidation and threats against family members and against witness Andrés Alberto Fresco 75. The Commission notes that in testimony given on April 22, 1996, Ángel Acosta stated that "the place, the home of William Chagas, did not strike him as safe, so he took her [his mother[ to the house of some friends [...] That there, there began to be threats over the phone and other silent calls [...] a man's voice left him the following message "tell your son to stop fucking with [us], tell him to stop it."109 On April 23, 1996, the Tenth National Criminal Court of First Instance sent an official letter to the President of the Criminal and Correctional Court of Appeals of the Federal Capital informing him of the death threats denounced by Ángel Acosta and of the alleged theft of objects from the home of his deceased brother.110 76. On April 24, 1996, Ángel Acosta sent a letter to the Uruguayan Consul in Buenos Aires requesting immediate protection and stating that "[...] my mother, Blanca Rosa Martínez, had received repeated threats at the home of another Uruguayan family he trusted. Those threats had terrified that whole family and had forced them to leave the country."111 The Consulate sent a letter to the Head of the Department of Alien Affairs of the Argentine Federal Police "[...] requesting that it kindly take such measures as it deemed pertinent to provide the necessary security."112 77. On April 30, 1996, a statement was taken from Ángel Acosta regarding the threats received. He stated that on April 6, 1996 he had gone to his brother's home [...[ and saw that several personal photos were missing and that there were papers and medical analyses on a table "[...] and those papers were not supposed to be there, so that he supposed that someone had entered the home [...]. The declarant decided that his mother should live somewhere other than where he lived, for security reasons." He likewise pointed out that: [...] they called asking for "Mrs. Acosta" [...] Tell Mrs. Acosta's son to stop it...not to go on..." evidently referring to him, the declarant [...] For that reason the declarant had suggested to his mother that she return to Uruguay, for fear that something should happen to her. [... they continue calling and when I decide to pick up the phone, they don't answer. The declarant thinks they are doing it to check his schedule, when the declarant is at home [...] all of it arranged by the Police [...].113 78. On September 3, 1998, the presiding judge of the Tenth National Criminal Court of First Instance sent the President of the National Appeals Court certified photocopies of the testimony presented by Andrés Alberto Fresco "in order to advise ["desinsacular" -sic] the Correctional Court to intervene in response to the denunciation of threats made by the aforementioned person."114 79. The Commission has no information of any investigations being initiated regarding the threats denounced by Ángel Acosta Martínez and by Andrés Alberto Fresco. Appendix 66. Remedy of complaint to the Supreme Court of Justice, March 23, 2000. Attached to the initial petition. Appendix 67. Remedy of complaint. Supreme Court of Justice of the Republic, December 18, 2001. "[...[ in the files, the plaintiffs fail to demonstrate why the doctrine of arbitrariness should apply to this specific case. The attempt to do so is useless, given that all the complaints raised merely reflect disagreement with the judge's assessment of the evidence contained in the files in the case." Attached to the initial petition. 109 Appendix 27. Statement by Angel Acosta of April 22, 1996. Attached to the initial petition. 110 Appendix 68. Unnumbered Official Letter of April 23, 1996, sent by the National Criminal Court of First Instance to the President of the National Criminal and Correctional Court of Appeals of the Federal Capital. Attached to the initial petition. 111 Appendix 69. Letter from Angel Acosta to Consul Alvaro Barba on April 24, 1996. Attached to the initial petition. 112 Appendix 44. Uruguayan consulate in Buenos Aires FAX No. 371.8328 of April 29,1996. Attached to the initial petition. 113 Appendix 70. Statement by Angel Acosta Martínez on April 30, 1996. Attached to the initial petition. 114 Appendix 71. Official Letter of September 3, 1998, sent by the National Criminal Court of First Instance to the President of the National Criminal and Correctional Court of Appeals of the Federal Capital. Attached to the initial petition. 107 108

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