B.1. Measure of satisfaction
B.1.1. Publication of the judgment
116. The representatives asked that the State publish: (i) the entire judgment on the official
website of the national Judiciary, on the website of the Supreme Court of Justice of the Nation
and on the website of the national Ministry of Security for at least one year, and (ii) the official
summary of the judgment in three major national newspapers. Neither the Commission nor the
State commented on this request.
117. The Court establishes, as it has in other cases, 145 that the State must publish, within
six months of notification of this judgment, in an appropriate and legible font: (a) the official
summary of this judgment prepared by the Court, once, in the Official Gazette; (b) the official
summary of this judgment prepared by the Court, once, in a national newspaper with
widespread circulation, and (c) this judgment in its entirety, to be available for one year, on
the official website of the national Judiciary. The State must inform this Court immediately
when it has made each of the publications ordered, irrespective of the one-year time frame
for presenting its first report established in the twelfth operative paragraph of this judgment.
B.2. Guarantees of non-repetition
B.2.1. Adaptation of the law on stop and search
118. The Commission asked that the State ensure that the legislation that regulates the
authority to stop and search people in public places on the basis of suspicion of the
perpetration of an offense is based on objective reasons and includes requirements that these
reasons be justified in each case. Also, it noted the State’s assertion that a new Federal Code
of Criminal Procedure had been promulgated that “will gradually replace the National Criminal
Procedural Code.” In this regard, the Commission indicated that, currently, the National
Criminal Procedural Code and also Law 23,950, which were applied in this case, remained in
force, and therefore asked the Court to order the State to adopt amendments to the law that
were adapted to the relevant standards of the Court.
119. The representatives indicated that the legislation on stop and search without a court
order currently in force is essentially the same as that which existed at the time of the facts,
because the amendments made to the regulations do not meet international human rights
standards as they maintain loose and subjective criteria, liable to maximize the discretionality
and arbitrariness of law enforcement personnel. They asked the Court to order the State to
adapt the current legislation; in particular, to derogate Law No. 23,950, to amend articles
184.5, 230, 230 bis and 284 of the National Criminal Procedural Code, and to consider that
future legislation on this matter must indicate the objective circumstances that justify a
detention and/or a search; that these must precede the procedure and have a restrictive
interpretation, placing the burden on law enforcement personnel to provide a detailed written
description on the grounds and circumstances that gave rise to the detention and/or search
in their report on the procedure. The representatives also asked that, to ensure the
effectiveness of the legislative amendments, the Court order the State to issue regulatory
protocols for the actions of law enforcement personnel in public places to be adopted by
presidential decree rather than by ministerial decisions which were unreliable and of a lower
rank. Lastly, they asked the Court to order the State to adopt measures to harmonize the
Cf. Case of Cantoral Benavides v. Peru. Reparations and costs, supra, para. 79, and Case of Valle Ambrosio et
al. v. Argentina, supra, para. 63.
145
37
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