3
based on the circumstances of the case, determine the possible reparations owed to Juan
Carlos Bayarri and the persons to whom [the Court] finds they correspond, in keeping with
the applicable international standards.” The State appointed Jorge Nelson Cardozo as Agent
and Alberto Javier Salgado as Deputy Agent in this case. The Commission and the
representatives asked the Court to reject the preliminary objection filed by the State (infra
paras. 10 and 11).
II
PROCEEDINGS BEFORE THE COURT
6.
The Commission’s application was notified to the State and to the representatives on
August 28, 2007. During the proceedings before the Court, in addition to the presentation of
the principal briefs forwarded by the parties (supra paras. 1, 4 and 5), the President of the
Court ordered that the testimony of witnesses offered by the representatives and expert
witnesses offered by the State,1 be received by means of statements made before notary
public (affidavit); the parties were given an opportunity to present their observations on
these testimonies. Also, pursuant to Article 45(2) of the Rules of Procedure, the President of
the Court ordered the State to present complete and legible copies of the administrative and
judicial files relating to this case, as helpful evidence.2 In addition, bearing in mind the
specific circumstances of the case, the President convened the Commission, the
representatives and the State to a public hearing to receive the testimony of the alleged
1
Cf. case of Bayarri. Call to a public hearing. Order of the President of the Court of March 14, 2008, first
operative paragraph.
2
Cf. case of Bayarri. Call to a public hearing, supra note 1, eleventh operative paragraph. The President of
the Court asked the State to present the following documents: copy of the case records of proceeding No.
55,346/2005 “Bayarri, Juan Carlos: Perjury” before National Criminal Court of First Instance No. 39, Secretariat
No. 135; copy of the case records of proceeding No. 4,227 “Macri, Mauricio: Unlawful Deprivation of Liberty” before
National Federal Criminal and Correctional Court of First Instance No. 6 of the Federal Capital, Secretariat No. 11;
copy of the case records of proceeding No. 66,138/96 “Storni, Gustavo Adolfo et al.: Unlawful Coercion, Torture,
Unlawful Deprivation of Liberty...” before National Criminal Court of First Instance No. 49 of the Federal Capital,
Secretariat No. 207; copy of the case records of proceeding No. 13,754/04 “Zelaya, Luis Alberto: Failure to Comply
with the Obligation to Prosecute Criminals” before National Criminal Court of First Instance No. 41 of the Federal
Capital, Secretariat No. 112; copy of the testimony provided in proceeding No. 66,138/96 “Storni, Gustavo Adolfo:
Unlawful Coercion and Unlawful Deprivation of Liberty” before National Criminal Court of First Instance No. 39 of
the Federal Capital, Secretariat No. 135; copy of the records of case file “S” No. 130/07 “Sablich, Carlos Alberto:
Self-disqualification” before the Supreme Court of Justice; copy of the case records of proceeding No. 57,403
“Bayarri, Juan Carlos: Complaint based on being threatened…” before National Criminal Court of First Instance No.
8, Secretariat No. 125, delegated to Office of the Prosecutor for Preliminary Investigations No. 18; copy of the case
records of proceeding No. 001225 “Marco de Bayarri, Claudia Patricia: Complaint based on Death Threats and
Unlawful Deprivation of Liberty” before Correctional Court No. 4 of the Quilmes Judicial District of the Province of
Buenos Aires; copy of the case records of proceeding No. 7/989 “Public Intimidation by placing an explosive
device” before National Federal Criminal and Correctional Court No. 3 of La Plata, Secretariat No. 7; copy of file
No. 330/3 “Orio, Eduardo and Szmukler, Beinusz v. Head of Court of First Instance No. 13 of the Federal Capital,
Dr. Luis Alberto Zelaya” before the National Judicial Council; copy of file No. 393/2006 “Bayarri, Juan Carlos:
Complaint against the Judges of the National Criminal Cassation Chamber, Gustavo Marcelo Hornos, Ana María
Capolupo de Durañona and Vedia, and Amelia Lydia Berraz de Vidal for misconduct and the commission of
offenses” before the National Judicial Council; copy of file No. 114/07 “Bayarri, Juan Carlos: Complaint against the
Judges of the National Criminal Cassation Chamber, Juan Carlos Rodríguez Besavilbaso, Liliana Elena Catucci and
Raúl Madueño” before the National Judicial Council; copy of administrative file opened under Chapter Nine (art.
613) of the Organic Law of the Argentine Federal Police No. 21.965, Decree No. 1866 in proceeding No. 66.138/96
before National Criminal Court of First Instance No. 49 of the Federal Capital, Judgment Secretariat No. 207; copy
of the Report of the Commission to Investigate Contrived Police Procedures of the Prosecutor General’s Office
(Procuración General); National Civil and Commercial Procedural Code in force at the time of the facts and
currently; copy of the laws or case law of the Argentine State indicating criteria for domestic compensation for
damage/injuries inflicted on private individuals by State officials; copy of the laws and regulations in force in the
Argentine State at the time of the facts and today with regard to the prevention, investigation and punishment of
torture and cruel, inhuman or degrading treatment, and copy of the Penal Code and the Code of Criminal Procedure
in force at the time of the facts and currently.