-12Llaipén alleged, inter alia, “the international responsibility of agents of the Argentine
State for the [alleged] illegal detention, incommunicado detention, torture and forced
disappearance of her son in Comodoro Rivadavia, Chubut Province, commencing on
October 2, 2003, [in the First Departmental Police Station, as well as the alleged]
denial of judicial protection and guarantees owing to the absence of an adequate
investigation and the punishment of the officials who allegedly tortured and
disappeared Mr. Torres.”
7.
That, regarding the obligation of the State to adopt, immediately, all
necessary measures to protect the rights to life and personal integrity of the
beneficiaries of the urgent measures, according to the provisions of the first
operative paragraph of the Order of the President (supra Having seen paragraph 4),
the Court appreciates that, according to information provided by the Commission in
its brief requesting provisional measures (supra Having seen paragraph 2) and also
submitted to the Court during the public hearing (supra Having seen paragraph 18),
the State has adopted certain measures of protection in favor of the beneficiaries
and that, in the context of the precautionary measures, some meetings have been
held concerning implementation of the measures. However, both the Commission
and the representatives have stated that the said measures have been insufficient
and ineffective to provide adequate protection in view of the gravity of the situation
and the imminence of danger. In this regard, the Court emphasizes the positive
nature of the fact that, during the public hearing, both the representatives and the
Commission, and also the State, expressed their willingness to discuss the
implementation of the measures, since they all indicated that the objective is to
adopt effective measures.
8.
That, although some measures have been adopted and there is a willingness
to discuss how to implement them in order to ensure that they are as effective as
possible, the Court notes with concern that, while the precautionary measures were
in force, Valeria Torres and María Millacura were victims of serious harassment and
threats to their right to personal integrity. The Court also observes with concern that
since Mrs. Millacura Llaipén and her two lawyers requested the Commission to issue
precautionary measures, three individuals involved in the case relating to the
investigation into the alleged disappearance of Iván Eladio Torres have allegedly
been murdered. Even though the deceased were not protected by the Commission’s
precautionary measures, this situation reveals the potential danger for other persons
related to this investigation, the next of kin of one of the murdered witnesses, and
the next of kin of the person who has allegedly disappeared, and their lawyers.
9.
That, having examined the facts and circumstances that motivated the Order
issued by the President in consultation with the Court of June 21, 2006, requiring the
adoption of urgent measures in favor of thirteen beneficiaries (supra Having seen
paragraph 4), as well as the statements of the Commission, the representatives and
the State during the public hearing (supra Having seen paragraphs 16 to 18), it is
clear that, despite the measures adopted by the State to protect the rights to life and
personal integrity of the beneficiaries, a situation persists of extreme gravity and
urgency and possible irreparable damage to the rights to life and personal integrity
of the beneficiaries of the measures. Hence, the Court considers it advisable to ratify
the decisions taken by the President, because the information presented reveals,
prima facie, that María Leontina Millacura Llaipén, Marcos and Valeria Torres, Juan
Pablo Caba, Gerardo Colín, Patricio Oliva, Tamara Bolívar, Walter Mansilla, Miguel
Ángel Sánchez, Silvia de los Santos and Verónica Heredia, and Viviana and Sonia
Hayes, are in a situation of extreme gravity and urgency, because their lives and