28. The petitioners informed the IACHR that the Investigations Brigade to Search for
Disappeared Persons was established on January 2, 2004, made up of members of the
police. In their view, this is unconstitutional because it entails an investigation parallel
to the official one that is not subject to a judge’s supervision, and the interrogation of
witnesses outside of a legal proceeding. The petitioners took their complaint regarding
the unconstitutionality of this situation to the State Prosecutor on March 2, 2004, and
to the National Ombudsman [Defensor del Pueblo] and the Attorney General of the
Nation on September 13, 2004.
29. Arguing that forced disappearance constitutes a federal offense and that the local
authorities had not conducted a satisfactory investigation, the petitioners filed an
appeal in cassation on January 22, 2005, in the case “Millacura Llaipen, Maria Leontina
s/ plea as to the jurisdiction of the court” with respect to Ivan’s disappearance. In the
plea, she requests that local jurisdiction be renounced in favor of federal jurisdiction.
On March 16, 2005, the Superior Court of Chubut renounced its jurisdiction in the case
in favor of the federal justice system and therefore, the federal State is now in charge
of the legal investigation into the disappearance of Mr. Iván Eladio Torres.9
30. The petitioners claim that the respective authorities have failed to carry out an
effective investigation and that it has been subject to an unwarranted delay given that
more than two and a half years have transpired since the disappearance of a person
was reported and the investigation has not been concluded, and no one is under
investigation or accused thus far. In addition, the petitioners claim that neither the
Public Prosecutor’s Office nor the judges have taken measures in response to the
reports made by friends of Iván Eladio Torres regarding cases of torture, unlawful
coercion, and other abuses by police personnel, which are included in their
testimonies.
31. The petitioners claim that the alleged facts constitute a violation by the State of
several provisions of the American Convention, such as Article 2 (obligation to adopt
provisions of domestic law), 5(1) (right to physical, mental, and moral integrity), 5(2)
(prohibition on torture, and cruel, inhuman, or degrading treatment), 7 (right to
personal liberty), and 8(1) (fair trial), in conjunction with Article 1(1) (obligation to
respect and guarantee rights), and Articles I, II, and XII of the Inter-American
Convention on Forced Disappearance of Persons.
B.
Position of the State
32. The State has not responded directly to the allegations of fact submitted by the
petitioners, nor has it contested the admissibility of the petition under examination.
The only responses from the State were the May 26, 2004 communication to the
IACHR requesting an extension of time to respond, which it has not done to date, and
its communications concerning the precautionary measures granted by the IACHR.
33. Although the March 17, 2005 communication from the State in response to the
request for precautionary measures N° 09-05 “Maria Leontina Millacura Llaipen et al”
includes a report from the Public Prosecutor in the case of “Millacura Llaipen, Maria
Leontina s/Dcia. Psta. Disappearance persons C. Rivadavia 2003” from which it can be
inferred that some measures have been taken in the investigation of the case, the
9 Communication from the petitioners to the IACHR dated May 2, 2005 in response to the list of questions.