The defense of the ten rugbiers accused of the murder of Fernando Báez Sosa, which occurred on January 18 in the seaside town of Villa Gesell, He denounced before the Inter-American Commission on Human Rights that the Buenos Aires Public Ministry did not give them the right to be heard “with due guarantees”.
Although it transpired this Wednesday, the lawyer Hugo Tomei made his presentation before the organism that depends on the Organization of American States (OAS), based in Washington, on April 8, almost a week before the Dolores Chamber of Appeals and Guarantees rejected a series of proposals that it had made.
In the complaint pending before the IACHR, which entered with registration P799 / 20, The lawyer assured that “the provincial State has not complied with providing” to the accused, “the detailed information” of the crime and “the evidence against him.”
Lawyer stressed in his complaint the alleged responsibility of the Attorney General of the Judicial Department of Dolores, Diego Escoda, and the prosecutor of that district, Mario Pérez, by having dismissed a criminal complaint against Zamboni, for “illegal deprivation of liberty, breach of the duties of a public official and instrumental falsehood”.
In his writing, Tomei indicated that in the context of the case initiated in Gesell after the murder of Báez Sosa, “Mid-morning on January 18, 2020, he was deprived of liberty” Máximo Thomsen, Ciro Pertosi, Luciano Pertossi, Lucas Pertossi, Enzo Comelli, Matías Benicelli, Blas Cinalli and Ayrton Viollaz, Juan Pedro Guarino and Alejo Milanesi.
He pointed out that this is “Young people subjected to prison confinement” and that eight of them “have been in extreme situations for more than 80 days”.
In this sense, he denounced that “the provincial State, until today has not complied with providing detailed information on the attributed fact and the evidence against it ” and therefore, it has incurred a categorical and intolerable violation of the right to be heard with due guarantees ”.
Tomei pointed out that he is looking for “Restore the minimum guarantees granted to citizens by the American Convention and violated here by the officials of the judicial apparatus of the provincial State ”.
As he had done in the criminal complaint that he filed on February 13 against the prosecutor Zamboni and in his appeal to the Chamber, the defender insisted on the nullity of the investigations of the accused, in which each of them refused to testify the day after the murder, considering that they were not informed about the accusation or the evidence.
Said “These formal hearings” with each accused “never took place”, what “determines the full state of defenselessness, denial of justice and defines as illegal the current deprivation of liberty of all of them.”
Based on the short time distance between each of the inquiries, as recorded in the minutes, Tomei stated that “it was a mock hearing ”and that the State did not communicate“ the charges made ”.
Currently, Thomsen, Ciro, Luciano and Lucas Pertossi, Comelli, Benicelli, Cinalli and Viollaz are charged with as co-authors of the crime of “homicide aggravated by treachery and by premeditated competition by two or more people”.
Chamber 1 of the Chamber of Dolores confirmed on Tuesday the preventive detention of all of them, although the ruling was based on the initial charge, in which only Thomsen and Ciro Pertossi were listed as co-authors.
At the time this precautionary measure was issued by the Judge of Guarantees, David Mancinelli, the rest had been accused of being a “necessary participant”, like the two rugby players who were released for lack of merit, Juan Pedro Guarino and Alejo Milanesi.
The young people are accused of having beaten Báez Sosa to death in the early hours of January 18 in Villa Gesell, in front of the Le Brique bowling alley.