56. As of September 1992, and therefore applicable at the time of Mr. Tumbeiro’s arrest, Law 23,984 entered into force issuing the Criminal Procedural Code, articles 284, 230 and 184(5) of which indicate the following: Article 284. Police officers and agents have the duty to arrest, even without a court order: (1) Anyone who attempts to commit a criminal offense punishable by imprisonment, at the time they are about to commit it. (2) Anyone who, having been legally detained, escapes. (3) Exceptionally, anyone against whom there are strong indications of guilt and when there is an imminent danger of flight or serious obstruction of the investigation and only to bring them before the competent judge immediately to decide on their detention, and (4) Anyone surprised in flagrante delicto committing a criminal offense punishable by imprisonment […]. Article 230. The judge shall order the search of an individual, by a justified order, provided there are sufficient reasons to presume that he is hiding on his body items related to a crime. Before proceeding to take this measure, the said individual may be invited to reveal the item in question. Searches shall be conducted separately, respecting the person’s privacy. If a woman it searched, this shall be carried out by another woman. This measure shall be recorded in a written document signed by the person searched; if they should refuse to sign it, the reason shall be indicated. A person’s refusal to be searched shall not prevent this unless there are justifiable reasons. Article 184. Law enforcement personnel shall have the following powers: […] (5) To order the searches indicated in article 227 and the urgent inspections pursuant to article 230, immediately notifying the competent judicial organ.81 VII MERITS 57. The Court recalls that the State made a total acknowledgement of international responsibility, and that the Court has decided to hand down a judgment on the merits of this matter (supra paras. 16 to 22). Accordingly, the Court will rule on the arguments of the Commission and the representatives regarding the interception and search of the vehicle in which Mr. Fernández Prieto was travelling, as well as the arrest for identification purposes and subsequent body search of Mr. Tumbeiro. In particular, the Court will examine the facts of this case in relation to the right to personal liberty, to equality before the law and the prohibition of discrimination, as well in relation to the right to protection of honor and dignity. VII-1 RIGHTS TO PERSONAL LIBERTY,82 EQUALITY BEFORE THE LAW AND PROHIBITION OF DISCRIMINATION,83 AND PROTECTION OF HONOR AND DIGNITY84 IN RELATION TO THE OBLIGATION TO RESPECT AND TO GUARANTEE RIGHTS 85 AND THE OBLIGATION TO ADOPT DOMESTIC LEGAL PROVISIONS 86 A. Arguments of the Commission and the parties 81 1991. Law 23,984 of September 4, 1991, issuing “the Criminal Procedural Code.” Official Gazette of September 29, 82 Article 7 of the American Convention. 83 Articles 24 and 1(1) of the American Convention. 84 Article 11 of the American Convention. 85 Article 1(1) of the American Convention. 86 Article 2 of the American Convention. 19

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