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