-7forwarded to the Ministry of Foreign Affairs and, therefore, it was not possible
to comply with the request.”
15.
The public hearing on the request for provisional measures held at the seat of
the Inter-American Court on July 6, 2006, at which there appeared: (a) for the InterAmerican Commission: Víctor H. Madrigal Borloz and Nerea Aparicio, legal advisers;
(b) for the representatives: María Leontina Millacura Llaipén, beneficiary; and
Verónica Heredia and Silvia de los Santos, beneficiaries and representatives; and (c)
for the State: Jorge Nelson Cardozo, Adviser to the Cabinet of the Minister of Foreign
Affairs; Ambassador Horacio Méndez Carreras, Special Representative for Human
Rights in the International Sphere of the Ministry of Foreign Affairs, International
Trade and Worship; Alberto Javier Salgado, of the Human Rights Directorate of the
Ministry of Foreign Affairs, International Trade and Worship; Andrea Gladis Gualde,
National Director of International Affairs of the Human Rights Secretariat; Pilar
Mayoral and Martín Rico, of the Human Rights Secretariat; Máximo Pérez Catán,
Minister of the Chubut Province Government; Federico Horacio Ramos, Deputy
Secretary for Prison Affairs of the Ministry of Justice and Human Rights; and
Ambassador Juan José Arcuri, Ambassador of the Argentine Republic to the
Government of Costa Rica.
16.
The arguments adduced by the Commission during the said hearing, in which,
in brief, it referred to:
a) The precautionary measures adopted by the Commission and the criteria used
to request the Court to adopt provisional measures. When deciding to request
the adoption of provisional measures, the Commission made is assessment
bearing in mind the “overall situation,” evaluating the effectiveness of the
measures and taking into consideration, in particular, the events of April 23,
2006, with regard to persons under the protection of precautionary measures,
and the fact that there was total disagreement about the circumstances in
which these events occurred;
b) The risk of irreparable damage for the beneficiaries of the measures. In
particular, it stated that, in its request for measures, it had only included
those persons with regard to whom it had information that they were in
danger and who they had contacted. It referred to the situation of the
witnesses of what happened to Iván, the next of kin of Iván Torres and of
David Hayes, and of the other individuals who had been “inadvertently
involved.” In addition, it indicated that the representatives had requested
measures for another group of people, based on their actions since the Order
of the President of the Court;
c) Regarding Mr. Alcaína, it indicated that “apparently, he would be included” in
these measures because he was a witness of what happened to Valeria Torres
on April 23, 2006. The State should provide information on his situation;
d) The need to implement adequate and concrete measures to ensure the life
and personal integrity of the beneficiaries; to this end, the measures should
not be provided by the police units that are alleged to have committed the
violations; and
e) The State has not questioned the situation of urgency that has been ratified.