3
1.
That Argentina has been a State Party to the American Convention since
September 05, 1984 and, pursuant to Article 62 thereof, on ratifying it
Argentina acknowledged the Court’s contentious jurisdiction.
2.
Under Article 63(2) of the American Convention, “[i]n cases of extreme
gravity and urgency, and when necessary to avoid irreparable damage to
persons, the Court shall adopt such provisional measures as it deems pertinent
in matters it has under consideration. With respect to matters not yet
submitted to it, the Court may act at the request of the Commission.”
3.
In this regard, Article 25 of the Rules provides that:
[...]
2.
With respect to matters not yet submitted to it, the Court may act at the
request of the Commission.
[...]
6.
The beneficiaries of provisional measures or urgent measures ordered by
the President may address their comments on the report made by the State
directly to the Court. The Inter-American Commission on Human Rights
shall present observations to the State’s report and to the observations of
the beneficiaries or their representatives.
*
* *
4.
That, in relation to the duty to immediately adopt all such measures as
are necessary to preserve the rights to life and to physical integrity of the
beneficiaries of these provisional measures (operative paragraph No. 1 of the
Order of July 6, 2006), the State informed that, following his escape and
subsequent capture, Mr. Juan Pablo Caba was transferred from the Comodoro
Rivadavia Penitentiary to the “Rawson Security and Resocialization Institute,
Unit 6, a maximum security prison under the authority of the Federal
Penitentiary Service, where he is kept in a cellblock considered to be ‘quiet’
and where he has had visits.” Furthermore, the State informed that it has
taken steps towards installing of a surveillance closed circuit TV system in
Comodoro Rivadavia Penitentiary No. 1. In that regard, it pointed out that the
representatives stated to the State that the surveillance closed circuit system
“bec[ame] useless as Juan Pablo Caba was no longer being kept in that place,
so they dropped their request.” The State pointed out that Mr. Miguel Ángel
Sánchez was transferred on August 17, 2006 to Detention Center No. 1 of Río
Grande, Tierra del Fuego, escorted by members of staff of the Chubut Human
Rights Department. As regards the protection of Tamara Bolívar, Patricia Oliva,
Gerardo Colin and Watler Mansilla (infra, Considering Clause No. 5), who have
no fixed residence, the State informed that the incorporation of such persons
into the witness protection program requires a request from the authorized
party to the judicial authority; however, it stated that no such request had
been made. Finally, it stated that the Executive Power of the Province of
Chubut “provided cell phones to each of the individuals subject to provisional
measures so they would be in direct touch with the National Border Police.”