have not presented information confirming the persistence of a situation of extreme gravity and urgency and the risk of irreparable damage to persons, the Tribunal deems it appropriate to lift the provisional measures ordered in favor of Marcela Hernández (“wife of Marcos Torres”), Alberto Hayes, Noelia Hayes, Luis Alberto Fajardo, Silvia de los Santos, Verónica Heredia, Viviana Hayes, Sonia Hayes, Patricio Oliva and Gerardo Colín. Without detriment to the above, if the three conditions established in Article 63(2) of the American Convention are met again in the future, the Court may order provisional measures at that time. 12. Without detriment to the Court’s decision, it must be reiterated that Article 1(1) of the Convention establishes the general obligation of States Parties to respect the rights and freedoms contemplated therein and to guarantee their free and full exercise to all persons subject to its jurisdiction, at all times. Consequently, independently of the existence of specific provisional measures,10 the State is obligated to guarantee the rights of the aforementioned persons. A.2) Situation of María Leontina Millacura Llaipén, her children Marcos and Valeria Torres, and her granddaughters Ivana and Romina Torres and Evelyn Paola Caba. 13. In the brief of July 28, 2011, the State reported that since January 21, 2005, the personnel at the Argentinean Naval Prefecture have provided 24-hour guard services at the home of Ms. Millacura Llaipen, where she currently lives with her daughter Valeria, her son Marcos Torres, and her granddaughters, Ivana and Romina Torres and Evelyn Caba. In addition, in contrast to what Ms. Millacura Llaipen and Mr. Marcos Torres have accepted,11 since May 16, 2005, the abovementioned persons have had cell phones “with direct lines of communication for whenever they are needed [...].” According to the State, Ms. Millacura Llaipen refused this protective measure. 14. For their part, subsequent to the issuing of the Order of February 6, 2008, the representatives reported alleged threats made by police authorities in 2008 and 2009 against Ms. María Leontina Millacura Llaipén.12 They also mentioned certain problems that Ms. Millacura Llaipen faced with police officers as well as officers of the Argentinean Naval Prefecture at her home in 2010.13 However, in response to the 10 Cf. Matter of the Mendoza Penitentiaries. Provisional Measures regarding Argentina. Order of the Inter-American Court of Human Rights of August 22, 2007, Considering 16, and Matter of the Unidad de Internación Socioeducativa regarding Brazil. Provisional Measures regarding Venezuela. Order of the InterAmerican Court of Human Rights of September 1, 2011, Considering 22. 11 The State reported that Marcos Torres had also been given a cell phone. However, in the report of June 13, 2011, the Argentinean Naval Prefecture indicated that Marcos Torres was without “a mobile phone.” 12 The representatives reported that in October 2008, Ms. Millacura Llaipén received death threats at the First Police Precinct of Comodoro Rivadavia while she was on a “hunger strike,” attempting to get her son back. They also reported that on August 20, 2009, Mr. Miguel Antonio Gallardo’s house was searched in the presence of Ms. Millacura Llaipen. According to the representatives, she was beaten and threatened with death by the authorities that conducted this search when she stated that she was the mother of Iván Eladio Torres. 13 For example, the representatives indicated that on June 10, 2010 “several Gendarmerie officers who did not identify themselves broke into the home [of Ms. Millacura Llaipen]” stating that they were 6

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