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
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