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Case of Bayarri v Argentina, Juan Carlos Bayarri v Argentina, Preliminary objections, merits, reparations and costs, IACHR Series C no 187, IHRL 3060 (IACHR 2008), 30th October 2008

Reporter(s)

Brian Klesh, Jennifer Jaimes

Case of Bayarri v Argentina, Juan Carlos Bayarri v Argentina, Preliminary objections, merits, reparations and costs, IACHR Series C no 187, IHRL 3060 (IACHR 2008), 30th October 2008

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 21 May 2019

Whether Argentina’s claim that the victim had failed to exhaust local remedies was appropriate, given the scope and timing of the objection.

Whether Argentina had violated Article 7 of the American Convention on Human Rights (‘ACHR’) (right to personal liberty) in relation to the obligations established in Article 1(1) (obligation to respect rights) thereof, by maintaining the victim in detention for approximately 13 years without an arrest warrant or trial.

Whether Argentina had violated Article 5 of the ACHR (right to humane treatment) in relation to the obligations established in Article 1(1) thereof, by holding the victim in solitary confinement and subjecting him to torture.

Whether Argentina had violated Articles 8 (right to a fair trial) and 25 of the ACHR (right to judicial protection) by prolonging the victim’s case for over 13 years.

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