"juvenile section" of Police Station No. 35, together with another ten minors. The following day,
April 20, at 6.00 a.m., Walter Bulacio vomited and five hours later, at 11.00 a.m. he was
transferred to the Pirovano Municipal Hospital in an ambulance with police custody, without either
his parents or a judge being advised. The doctor who attended him diagnosed a "head injury", and
this was recorded in the duty log. During the afternoon, he was transferred to the Fernandez
Municipal Hospital so that a x-rays could be taken, and here he told the doctor who attended him
that he had been beaten by the police. His parents heard about his arrest from a neighbor on the
evening of April 20 and visited him in the Hospital, observing facial bruising produced by the
blows.
7. At midday on April 21, he was transferred to the Mitre Clinic and, accordingly, the Pirovano
Hospital doctor prepared a medical certificate stating that Walter Bulacio had suffered "various
blows to the face with a 36-hour evolution". The doctor on duty at the Mitre Sanatorium reported
by telephone to Police Station No. 7 that "a minor with injuries" had been admitted, and an
investigation was initiated for the crime of bodily injuries.
8. Two days later, on April 23, National Juvenile Court of First Instance for Investigation of
Criminal Offenses N° 9 was informed of the case. Walter Bulacio died five days after his arrest, on
April 26, 1991. The hospital denounced this to the competent judicial authorities. The autopsy
established the existence of marks produced by blows from a hard instrument on his face, his legs
and the soles of his feet.
9. On April 26, when the minor died, National Juvenile Court N° 9 declared itself incompetent and
referred the case to National Court of First Instance for Investigation of Criminal Offenses N° 5 for
adults. The parents of the minor came forward as complainants on May 2, 1991, and the Court
decided to divide the case, retaining the investigation of the bodily injuries and death of Walter
Bulacio in Court of Investigation N° 5, and referring the investigation of the circumstances of the
arrests and additional illegal acts committed against other persons to National Juvenile Court N°
9.
10. National Juvenile Courts Nos. 9 and 16 declared themselves incompetent to hear the case, on
the basis that it was not possible to divide the subject of the procedure in view of the context of
violence narrated by the young people. On May 22, 1991, the Special Division of the Appeal Court
decided to merge the case and referred the case records to Juvenile Court N° 9. This Court
decided to prosecute Police Captain Espósito for the crimes of unlawful deprivation of liberty,
abuse of authority and misconduct in public office, and took an unsworn statement from him.
11. During the following seven months, the judge took nearly 200 witness statements from those
arrested and from the police who were present during the police operation. The complainant read
these statements for the first time on December 28, 1991, and requested that all those involved,
including those above Police Captain Espósito in line of authority should be prosecuted.
12. On February 12, 1992, the prosecutor requested that the case against the defendant should
be dismissed and the proceedings filed. On March 20, 1992, National Juvenile Court N° 9
committed Police Captain Espósito to preventive custody for the crime of aggravated unlawful
deprivation of liberty and ordered an attachment for $90,000; the case against him for the other
crimes was provisionally dismissed.
13. The defendant’s lawyer lodged an appeal against this decision. On May 19, 1992, the National
Criminal and Correctional Appeal Court revoked the preventive custody because "even though the
procedure was clearly unconstitutional, it was possible that Espósito did not realize this" and
because his conduct was "a normal police practice". The petition for review that the complainant
immediately lodged before the Chamber was disallowed.
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