26.
The State also indicates that in the case brought ex officio for falsification of a public
instrument,6 the court that was assigned the case investigated the suspected criminal responsibility of forensic
experts Florencio Casavilla and Carlos Fernando Leoncio Poggi for alleged falsification of an expert opinion
with the intention of concealing the criminal responsibility of Patricia Carmen Anido and Eduardo Mario Negri
for the death of Cristina Britez Arce. In that regard, a plenary was convened of the Forensic Medical Corps,
which issued its opinion on May 21 1997. According to the State, that plenary opinion “was invalidated” by the
Fourth Chamber of the Criminal Court of Appeals, for which reason another expert opinion was ordered, which
was prepared by the Catholic University of the Province of Córdoba. The State holds that the lower court
acquitted both forensic experts, a decision that was upheld by the Court of Appeals on October 21, 2002.
27.
The State also said that, in response to the complaint filed by the father of the petitioners, the
alleged responsibility of 31 doctors belonging to the Forensic Medical Corps alleged to have falsified the plenary
expert opinion drawn up in the proceeding for falsification of a public instrument (Case No. 21.375/96), was
duly investigated.7 The State explains that on April 12, 1999, the lower court decided to acquit all 31 accused
doctors. That decision was appealed by the petitioners and upheld by the Criminal Court of Appeals on August
6, 1999. The petitioners filed a cassation appeal against that decision, which was refused on October 20, 1999.
Subsequently, on March 30, 2000, the National Court of Cassation rejected a motion for reconsideration of
dismissal of appeal. The petitioners reportedly filed a extraordinary federal appeal against that decision, which
was ruled inadmissible on October 17, 2000, a fact of which the petitioners were notified on October 19 that
year.
28.
As a subsidiary matter, the State argues that a careful analysis of the domestic proceedings
reveals clearly that the actions pursued against the accused doctors were conducted in accordance with the
guarantees of legal due process, in keeping with the standards required by international human rights law and
article 8.1 of the American Convention. In that regard, it said that there is nothing in the records to support the
claim of a lack of independence and impartiality on the part of the judges or tribunals that acquitted the accused
doctors. The State says that the petitioners, as plaintiffs, never recused the presiding judges, invariably enjoyed
in full the possibility of making such submissions as they deemed pertinent by proposing measures intended
to establish the alleged responsibility of the accused doctors, and presented all such challenges as they deemed
appropriate by means of the procedural remedies provided by domestic law.
29.
The State also argues that the petitioners did not provide evidence that demonstrated the
existence of external pressures on the judges and tribunals involved such as to cast serious doubts on their
independence; nor did they offer compelling evidence to show any bias, either subjective or objective, on their
part. The State argues that the petitioners refer in general terms to “a lack of independence”, but do not specify
or concretely demonstrate the existence of any actual external pressures that impaired the independence of
the judges and tribunals involved in the domestic jurisdiction. Therefore, according to the State, it is fair to
conclude that the judgments in the domestic proceedings were issued by domestic tribunals that acted within
their authority and in observance of fair-trial guarantees.
30.
The State adds that the allegations of the petitioners regarding violation of their right to a
hearing, the lack of basic procedural guarantees and of independent and impartial tribunals, and the absence
of reasoned decisions, are general in nature and they lack evidence to support their submissions. According to
the State, the petitioners merely mention that the rulings issued by the various judicial organs were “incorrect
in their reasoning” and that they failed to take into account essential facts and proof to demonstrate the
criminal responsibility of the accused. In light of the foregoing, the State considers that if the IACHR were to
admit this petition, it would be acting as a fourth instance.
31.
By way of “final considerations,” the State says that the series of expert opinions, which the
petitioners argue were falsified in order to aid and abet medical personnel, were invalidated in the domestic
jurisdiction. The last of those expert opinions—the one prepared by the Forensic Medical Corps—was
6 Criminal Court of First Instance No. 3 (Secretariat 110), “CASAVILLA, Florencio et al. - Falsification of a public document.” Case
No. 21.375/96.
7
Criminal Court of First Instance No. 4 (Secretariat 113), “FORENSIC MEDICAL CORPS - Perjury.” Case 27.985/98.
5