reasonable period of time without threats or intimidation, in addition to the lack of an
imminent risk, may lead to the lifting of the provisional measures.7
8.
In this regard, the Court highlights that on multiple occasions it asked the
parties, and most recently the representatives, to provide updated information on
each of the beneficiaries of the instant measures (supra Having Seen 1 and 5).
Consequently, in order to assess the implementation of measures and determine the
need to maintain them, or to lift them, the Court will analyze the information
submitted by the representatives and by the State regarding the current situation of
the beneficiaries, as well as their comments and the Commission’s comments in this
regard.
A.1) Beneficiaries whose situation has not been duly reported to the Court
since the Order of February 6, 2008
9.
With regard to the beneficiaries Marcela Hernández (“wife of Marcos Torres”),
Alberto Hayes, Noelia Hayes, Luis Alberto Fajardo, Silvia de los Santos8 and Verónica
Heredia, the Court observes that it does not have information on specific facts that
have emerged since the issue of the Order of February 6, 2008, demonstrating that
they are in a situation of extreme gravity and urgency and risk of irreparable damage
to life or personal integrity. In addition, the Tribunal verifies that in response to the
Court’s requests for updated information regarding each of the beneficiaries, the
representatives did not refer to the situation of the aforementioned individuals (supra
Having Seen 5).
10.
Regarding the beneficiaries Viviana Hayes, Sonia Hayes, Patricio Oliva and
Gerardo Colín, the Court observed that although the representatives referred to them
in their response to the Tribunal’s request for updated information (supra Having Seen
5), this brief and those previously presented by the representatives do not mention
them, specifically recent ones, to be able to confirm the persistence of the situation of
extreme gravity and urgency and risk of suffering irreparable damages which
prompted the provisional measures ordered in their favor.9 The same is inferred from
the briefs presented by the Commission.
11.
In view of the lack of elements that would allow the Court to assess the
situation of these individuals, and given that almost four years have elapsed since the
last Order issued by the Court in the instant case, and given that the representatives
7
Cf. Matter of Gallardo Rodríguez. Provisional Measures regarding Mexico.Order of the InterAmerican Court of Human Rights of July 11, 2007, Considering 11, and Case of Gutiérrez Soler. Provisional
Measures regarding Colombia. Order of the Inter-American Court of Human Rights of June 30, 2011,
Considering 21.
8
Ms. Silvia de los Santos is no longer the representative of the beneficiaries of the instant
provisional measures. Cf. Representatives’ briefs of February 18 and April 7, 2011 (case file on monitoring
of compliance, volume xiii, pages 4909 y 4967).
9
Since the issue of the Order of February 6, 2008 (supra Having Seen 1), the parties have not
recorded any specific facts to the detriment of Mr. Gerardo Colín, generally claiming that he “frequently
suffer[s] police harassment.” In addition, the only incident against the Hayes family allegedly occurred in
June 2009, when Ms. Sonia de Hayes found that the door to her house had been forced. One cannot infer
from the information provided by the representatives that this incident was related to the investigations
being carried out regarding the forced disappearance of Iván Eladio Torres Millacura. It also cannot be
inferred from the information provided that the sole specific incident that occurred to the detriment of Mr.
Patricio Oliva, which took place in 2009, was related to these investigations. The representatives claim that
at that time, two policemen “from Chubut Province [went] to [Mr. Oliva’s] house and repeatedly and
aggressively threatened him, warning that “he should take care of himself.”
5