Angel Siri v. Police Commissioner, District of Mercedes
Argentina Supreme Court
239 F.C.S. 459 (1957)
- Written by Whitney Waldenberg, JD
Facts
[Ed.’s note: This case is significant because prior to the Argentina Supreme Court’s decision, there was no formal court procedure to seek protection of a constitutional right in Argentina, and it was the first time that the court recognized a petition for writ of protection.] Angel Siri (plaintiff) appeared before the Third Criminal Court in the City of Mercedes, alleging that the police commissioner (defendant) had seized and shut down the facilities from which he ran his newspaper, thereby violating the freedom of the press and the right to work established by the Argentine constitution. However, because there was no procedural pathway for an individual to seek protection of these rights in the court system, the criminal court treated the petition as one for habeas corpus, and it dismissed the case because a writ for habeas corpus only protected the individual’s physical liberty. The court of appeals affirmed the criminal court’s decision. Siri filed an extraordinary appeal to the Argentina Supreme Court. The police commissioner did not articulate specific reasons for restricting Siri’s operation of the newspaper.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
Dissent (Herrera, J.)
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