48
Court has established that Mr. Bayarri was subjected to proceedings that involved the
violation of his right to due process (supra paras. 107, 108 and 111). Therefore, the Court
requires that the State ensure the immediate elimination of the name of Juan Carlos Bayarri
from all public records, especially police records, in which it appears with a criminal record
related to these proceedings.
iii) Other measures
181. The State indicated that “[i]n response to […] the recommendations that the [InterAmerican Commission] made to the Argentine State in its Report on merits, […] a draft law
is being examined concerning the implementation of a national mechanisms or system […]
for the prevention of torture and cruel, inhuman or degrading treatment or punishment […]
as established in the Optional Protocol to the [United Nations] Convention against Torture.”
It also mentioned that, in the context of this draft law, “[v]arious national and international
meetings and seminars have been held, as well as visits, that have allowed an exchange of
constructive ideas, models of work and experiences relating to this issue.”158
182. The Court assesses positively the initiatives taken by the State. In this regard, the
Court considers that the State should incorporate members of the security forces, the
investigation units and the administration of justice into these dissemination and training
activities, to the extent that it has not already done so, in order to avoid a repetition of facts
such as those of this case.
*
*
*
183. In their final written arguments, the representatives also requested other reparations
related to the situation of Juan Carlos Bayarri as a retired federal police agent at the time of
the alleged facts in the instant case: (a) that the time between November 18, 1991, and
June 1, 2004, be recognized to the victim when calculating his length of service for his
retirement and the corresponding pension; and (b) that he be granted a special promotion
in an institutional public act and that this “[be published] simultaneously in the Internal
Agenda of the Argentine Federal Police.” In this regard, the Court observes that these
requests were time-barred and, consequently, will not be assessed.
184. Moreover, in their final written arguments, the representatives also requested: (a)
that the Argentine Federal Police should be ordered to make a ruling in administrative
hearing No. 465-18-000.222/91, filed […] against […] Juan Carlos Bayarri, [and] dismiss
the administrative proceedings against him immediately, by means of a final decision that
expressly mentions that the filing of this action should, in no way, affect his good name,
honor and reputation as a member of the Argentine Federal Police; (b) the adjustment “of
the amount of the retirement pension that [Mr. Bayarri] should be receiving, and that,
inexplicably, has not been paid to him since mid-2006”; and (c) the restitution to Mr.
Bayarri of “[h]is immediate right to the use and enjoyment of each and every one of the
benefits of the Argentine Federal Police Pension Fund that correspond to him, based on his
police rank and status […].”
185. As requested by the Court during the public hearing (supra 7), in its final written
arguments, the State informed the Court that:
158
The State mentioned different activities carried out from 2005 to 2007 Cf. brief answering the application,
(merits file, tome II, folios 308 to 311).