ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF NOVEMBER 25, 2011
PROVISIONAL MEASURES REGARDING
THE REPUBLIC OF 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 Inter-American Court” or “the Court”) of June 21, 2006, as well as
the Orders of the Court of July 6, 2006 and February 6, 2008. In the latter the Court
decided, inter alia:
1. [t]o reiterate to the State of Argentina to maint[ain] the measures adopted and to adopt
all measures necessary to protect the right to life and physical integrity of María Leontina
Millacura Llaipén, Marcos and Valeria Torres, Juan Pablo Caba, Gerardo Colín, Patricio Oliva,
Tamara Bolívar, Miguel Ángel Sánchez, Silvia de los Santos, Verónica Heredia, and Viviana
and Sonia Hayes, as well as of the granddaughters of María Leontina Millacura-Llaipén
(daughters of Marcos and Valeria Torres), of Mrs Marcela Torres (“the wife of Marcos
Torres”), of Alberto and Noelia Hayes, and of Luis Alberto Fajardo, taking into account the
gravity of the situation and the specific risk circumstances[;]
2. [t]o require the State of Argentina to present in its next report an assessment of the risk
situation of each of the beneficiaries of these measures, specifying the measures that ha[d]
been implemented in conformity with this risk situation, pursuant to Considering clauses 7 to
9 of the [...] Order[;]
3. [t]o require the State of Argentina to specify in its next report the facts and
circumstances that caused the death of Walter Mansilla, in conformity with Considering 13 of
the [...] Order[;]
4. [t]o declare that in the instant proceedings regarding provisional measures it will not
assess the effectiveness of the investigations of the facts that resulted in these measures, as
this corresponds to an examination of the merits of the case under consideration by the
Inter-American Commission on Human Rights[;]
5. [t]o dismiss the request for expansion of the provisional measures to Cristian Gamín,
Iván Eladio Torres, Miguel Antonio Gallardo, Mauricio Agüero, Luis Alberto Alcaína and Diego
Álvarez, in conformity with Considering clauses 21 to 23 of the […] Order[, and]
6. [t]o require the State of Argentina to coordinate with the representatives and
beneficiaries of the measures to assess the adequate mechanisms for effective protection of
the right to life and integrity of the beneficiaries, in conformity with Considering 9 of the [...]
Order.
[…]
2.
The briefs of May 12, 14 and 19, September 17, November 24, and December
23, 2008; March 11 and November 26, 2009; October 21 and December 3, 2010, and
February 7, April 13, May 2, June 10, July 28 and August 26, 2011, whereby the
Republic of Argentina (hereinafter “the State” or “Argentina”) reported on the
implementation of the instant provisional measures. In the aforementioned briefs of
Pursuant to Article 19(1) of the Rules of Procedure of the Inter-American Court Judge Leonardo A.
Franco, of Argentinean nationality, did not participate in the deliberation and signing of the instant Order.