This report was issued following numerous requests for proceedings arising from Argentina related to preventive detention measures based on domestic criminal procedure. This report merged 23 individual petitions based on similarities of grounds cited in the applications. The Commission cited the worrying trend of more than 50% of the prison population in Argentina detained without a sentence. The domestic criminal code prohibited release considerations for those suspected of drug-related offenses and the Commission held this exclusion contravenes the presumption of innocence. The Commission, while acknowledging some of the State’s moves to reform, held Argentina to be in violation of the petitioners right to liberty and fair trial.
Citation: Luis Bronstein v. Argentina (Report) IACHR (11 March 1997) Report No. 2/97