Order of the
Inter-American Court of Human Rights
of February 06, 2008
Provisional Measures
with regard to Argentina
Matter of Millacura Llaipén et al.
HAVING SEEN:
1.
The Order of the President of the Inter-American Court of Human Rights
(hereinafter “the President of the Court”) of June 21, 2006.
2.
The public hearing on the request for provisional measures held at the
headquarters of the Inter-American Court of Human Rights (hereinafater, "the InterAmerican Court", "the Court" or "the Tribunal") of July 6, 2006.
3.
The Order of the Court of July 6, 2006, ratifying in whole the Order of the
President of the Court of June 21, 2006 (supra Having Seen clause No. 1) and ordering
the State to, inter alia:
1.
[…] maintain the measures it has adopted and to adopt, forthwith, all necessary
measures to protect the rights to life and to personal integrity of 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,
Verónica Heredia, and Viviana and Sonia Hayes, and to this end, it should take into
consideration the gravity of the situation and the particular circumstances of danger.
2.
[…] adopt, forthwith, all necessary measures to protect the rights to life and to
personal integrity of the granddaughters of María Leontina Millacura Llaipén (daughters
of Marcos and Valeria Torres), of Marcela (“wife of Marcos Torres”), of Alberto and Noelia
Hayes, and of Luis Alberto Gajardo, and to this end, it should take into consideration the
gravity of the situation and the particular circumstances of danger.
3.
[…]investigate the facts that motivated the adoption of these provisional
measures and, if applicable, identity those responsible and impose the corresponding
sanctions.
4.
[…] allow the beneficiaries of these measures or their representatives to take
part in the planning and implementation of the measures and, in general, to keep them
informed about progress in the implementation of the measures.
Moreover, the Order compelled the representatives of the beneficiaries of these
provisional measures (hereinafter, “the representatives”) to:
5. […] require the representatives of the beneficiaries of the measures, within two weeks
of notification of this Order, to submit a brief justifying their request to expand the
measures in favor of Miguel Ángel Gallardo. Also, if the representatives consider that
Luis Alberto Alcaína, Diego Álvarez, Mauricio Agüero and Cristian Gamín should be
protected by provisional measures, they can submit this request, duly justified, in the
same brief.
[…]
4. The memorandum signed by the State, the representatives and the InterAmerican Commission on Human Rights (hereinafter “the Inter-American