REPORT N° 69/05
PETITION 960/03
ADMISSIBILITY
IVAN ELADIO TORRES
ARGENTINA
October 13, 2005
I.

SUMMARY

1. On November 14, 2003, the Inter-American Commission on Human Rights (IACHR)
received a complaint lodged by Mrs. Maria Leontina Millacura Llaipén and the
Asociación Grupo Pro-Derechos de los Niños ("the petitioners "), claiming the
international responsibility of agents of the State of Argentina (“the State”) for the
illegal detention, incommunicado detention, torture, and forced disappearance of Iván
Eladio Torres (a Chilean citizen and resident of Argentina) in Comodoro Rivadavia,
Province of Chubut. The petition also claims the denial of judicial protections and
guarantees relating to the failure to adequately investigate and punish the officials
allegedly responsible for the torture and disappearance of the alleged victim.
2. The petitioners assert that the claims made constitute a violation of Articles 5(1)
(right to physical, mental, and moral integrity), 5(2) (prohibition of torture or cruel,
inhuman, or degrading treatment), 7 (right to personal liberty, and 8(1) (fair trial) of the
American Convention on Human Rights (hereinafter the “American Convention”) in
relation to Article 1(1) (general obligation to respect rights). The petitioners further
claim that the State is responsible for the violation of Articles I, II and XI of the InterAmerican Convention on Forced Disappearance of Persons.
3. Although the State has submitted information regarding the precautionary measures
that were granted in relation to this petition, it has failed to respond to the allegations of
fact presented by the petitioners concerning the detention and disappearance of Iván
Torres, nor has it disputed the admissibility of this petition.
4. After analyzing the positions of the parties, and without prejudging the merits of the
matter, the IACHR concludes in this report that the petition is admissible inasmuch as
it meets the requirements set forth in Articles 46 and 47 of the American Convention.
Therefore, the IACHR decides to notify the parties of this decision and to continue with
its examination of the merits of the alleged violation of Articles 2, 4, 5, 7, 8(1), 25 and
1(1) of the American Convention, as well as Articles I, II, and XI of the Inter-American
Convention on Forced Disappearance of Persons, and Articles 1, 6 and 8 of the InterAmerican Convention to Prevent and Punish Torture.
II.

PROCESSING BEFORE THE COMMISSION

5. Based on the petition and the additional information received on April 19, 2004, the
IACHR began to process the petition registered with number N° 0960/03, in keeping
with the Regulations in effect as of May 1, 2001, and forwarded the relevant portions
of the petition to the State on April 22, 2004, with a period of two months to submit its
observations.
6. On May 26, 2004, the State responded with a request for a one month extension,
which was granted by the IACHR on June 8, 2004. On November 22, 2004, the IACHR

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