This case is about preventive detention, pending trial, and its limits. Petitioner had been arrested under suspicion of drug trafficking. After more than three years of preventive detention, he was acquitted as the evidence against him turned out to be fabricated. Article 10 of Law No. 23.737, which allowed preventive detention for persons accused of drug trafficking to exceed the statutory limit of two years, was declared unconstitutional by the Argentinian Supreme Court. The Inter-American Court found Argentina in violation of several articles of the Convention.
Case Summary: Jenkins v. Argentina
Year
2019
Country
Topics
Violations Against The Inter-American Convention On Human Rights
Did the State Accept International Responsibility?
Did the State Raise Preliminary Objections?
Judges
Reparations
Case Summary
Yes