sent a note reiterating its request for information from the State and asking that it be
sent as soon as possible.
7. On January 10, 2005, Mrs. Leontina Millacura Llaipen and the attorneys Silvia de los
Santos and Verónica Heredia submitted a request for precautionary measures on
behalf of David Alberto Hayes, and relatives and witnesses related to the reported
disappearance of Iván Eladio Torres (Maria Leontina Millacura Llaipen, Gerardo Atilio
Colin, Luis Patricio Oliva, Tamara Bolívar, Walter Mansilla, Silvia de los Santos,
Verónica Heredia, and other relatives of Iván Eladio Torres) and this request was
registered as N° MC 9-05. On January 18, 2005, the IACHR granted the precautionary
measures and established a period of 7 days for the State to submit information on the
measures adopted.
8. On January 19, 2005, the petitioners requested that the precautionary measures be
expanded to include Juan Pablo Caba and Miguel Ángel Sánchez, and, on January 24,
2005, they requested that the precautionary measures be expanded to include
members of the Hayes family. The IACHR granted this expanded coverage and
forwarded this information to the State on January 21 and 25 respectively, setting a 5
day period for the State to submit information on the measures adopted.
9. On January 28, 2005, the State submitted information on the measures granted by
the IACHR, which was duly forwarded to the petitioners on February 4, 2005, with a
period of 7 days to submit their observations.
10. On February 11, 2005, the petitioners sent their observations, requesting that the
IACHR grant provisional measures to the beneficiaries, and this response was
forwarded to the State on February 15, 2005, with a 5-day period to provide the
relevant information.
11. On March 8, 2005, the State submitted information to the IACHR in response to
the request for provisional measures and, in this context attached information
concerning the investigation without commenting as to the admissibility of the petition.
This information was forwarded to the petitioners on March 31, 2005, along with a list
of questions, and they were given a 10-day period in which to respond and submit
their observations.
12. The petitioners responded with notes dated April 12, and May 3, 2005, containing
their observations. These responses were forwarded to the State on June 8, 2005,
with a 15-day period to submit its observations. The State submitted its observations
on the petitioners’ responses on July 5, 2005. The parties have met in working
meetings on a number of occasions during the processing in order to analyze questions
concerning the precautionary measures, as well as in relation to the investigation of
the facts denounced.
III.
POSITIONS OF THE PARTIES
A.
Position of the petitioners
13. The petitioners assert that Mr. Iván Eladio Torres, age 26, was the victim of a
forced disappearance, presumably at the hands of State agents. The petitioners stated
that, prior to the events alleged in the petition, Iván Eladio Torres had told his mother,
Mrs. Maria Millacura Llaipen, that he had been “picked up” by patrol car N° 469 about