Eladio Torres. [They] also categorically den[ied] that Mr. Flores had said that he considered that
there was no risk to his life [and] that of his family group.”
27.
The State indicated that, “according to the information provided by the Federal Court of
Comodoro Rivadavia, [on] November 2012, Guillermo Flores’ deposition was taken in the context
of criminal proceedings No. 7020, at which time [he] stated that he had been threatened and
assaulted by unknown individuals in public and at his home. [… Therefore,] the intervening judge
ordered the implementation of personal and house protection in favor of [Mr.] Flores. However,
on November 9, this protection was annulled at the request of [the latter, who] expressly stated
that he did not wish to be the object of any measure of protection because he considered that
there was no risk to either him or his family group. Despite this, the Court advised him that it
had a permanent guard, 24 hours a day, and informed him of the telephone numbers of the
Federal Court and those of the acting protection agency, the local delegation of the Argentine
Federal Police.”
28.
In a brief of December 28, 2012, the Commission recorded that the information forwarded
by the representatives prior to the issue of the Court’s Order of December 21, 2012, indicated
that, on several occasions, Mr. Flores had been “harassed, followed and ‘provoked’ in public by
individuals who he identified as those responsible for what happened to Iván Torres.” Thus, it
considered that “the additional information presented by the representatives provides further
elements of extreme gravity and urgency, especially taking into account the context of the case
in which other persons who say they have relevant information have indicated that they have
received threats from the Chubut police.” Subsequently, in its brief of January 23, 2013, and
based on the State’s assertions (supra considering paragraph 27), the Commission stressed that
“there is disagreement […] between the parties” about the protection measures that the State
has allegedly attempted to grant to Mr. Flores. Owing to “the lack of documentary support
concerning the measures of protection that have allegedly been offered, as well as the presumed
rejection of these by Mr. Flores, the Commission reiterate[d] that the situation of this persons
requires special monitoring” by the Court.
29.
The Court considers that the information presented reveals, prima facie, that Guillermo
Flores has been subjected to recent threats to his personal integrity and life at his home, and also
has apparently been harassed by State authorities, presumably owing to the information that he
could provide in relation to the enforced disappearance of Iván Eladio Torres and the case of
Millacura Llaipén et al. v. Argentina. In addition, irrespective of whether Mr. Flores rejected the
State’s protection at a certain moment, the Court observes that he signed the request for
expansion of provisional measures that the representatives submitted to the Court and that,
currently, he does not have protection. Hence, the Court considers that the incidents described
by the representatives reveal a situation of extreme gravity and urgency that justify the
expansion of measures of protection in order to avoid irreparable damage to him. Consequently,
the State must adopt all necessary measures to protect the life and personal integrity of
Guillermo Flores and of Alba Rosana Vera González, who lives with him and whose rights could
also be affected by the threats to their home. The Court recalls that these measures of protection
must be planned with the participation of the beneficiary or his representatives and, also, they
must be implemented as soon as possible, so that prompt collaboration between the
representatives and of the State in this regard is particularly important (infra considering
paragraphs 31 and 32).
30.
Despite the above, in order to ensure the adequate supervision of these provisional
measures, the Court requests the representatives and the State to present detailed updated
information on the situation of risk of Guillermo Flores, describing specific facts, if pertinent, as
well as the actions taken to implement the measures ordered in his favor, and providing grounds
for the need to maintain or, if appropriate, lift them.
10