Tribunal’s request for updated information on this beneficiary and her family (supra
Having Seen 5), the representatives did not mention the current risk situation of those
persons.14
15.
The Commission indicated that “based on the information provided as part of
the instant measures, it can be inferred that María Millacura [Llaipén had...] recently
been subjected to threats and harassments, without the State presenting sufficient
information on her protection.” It also indicated that, “as Ms. María Millacura [Llaipén]
and her representative emphasized at the public hearing held on May 18, 2011, within
the framework of the case [Torres Millacura et al v. Argentina], the family of [this
beneficiary], including her granddaughters, son [and] daughter [...], have been
exposed to harassment at the hands of the regional police force.”
16.
In this regard, in relation to Ms. Millacura Llaipén, her son and daughter and
granddaughters, the representatives have not claimed any recent threats related to
the events that prompted the instant measures, that is, as a result of the
investigations on the forced disappearance of Iván Eladio Torres Millacura.15 The Court
observes that according to the representatives, the last threatening event against Ms.
Millacura Llaipén with these characteristics occurred in 2009 (supra Considering 9).
From the information provided it cannot be inferred that the events which allegedly
occurred in 2010, reported by the representatives, had any relation to the
aforementioned investigation. Likewise, the representatives have not reported any
possible recent threats against the children and granddaughters of Ms. Millacura
Llaipén.
17.
On the other hand, the Court observes that, as grounds for the maintenance of
the instant measures, the Inter-American Commission pointed to Ms. Millacura
Llaipén’s statement and the claims made by her representatives during the public
hearing of May 18, 2011, as part of the contentious case Torres Millacura et al v.
Argentina (supra Considering 15). In this regard, the Tribunal recalls that the goal of
the instant proceedings on provisional measures is different from the goal of a
contentious case, both in regard to the procedural aspects as well as the assessment
of the evidence and scope of the decisions.16 The proceedings on provisional measures
have been conducted at the same time but separately from the case before the
Commission and the Court.
transferring Ms. Tamara Bolivar to the home of Ms. Millacura Llaipen so that she could complete her “home
arrest for preventive imprisonment.” Additionally, they stated that in September and October 2010, officers
of the First Police Precinct of Comodoro Rivadavia and of the Argentine Naval Prefecture entered Ms.
Millacura Llaipen’s home in order to serve legal notifications. According to the representatives, such
notifications constitute a “deliberate violation of the [...] document dated August 9, 2006, signed as part of
the instant provisional measures.”
14
In their brief of April 15, 2011, the representatives referred only to the mourning that Ms. Millacura
Llaipen and her family are experiencing over the loss of Mr. Juan Pablo Caba, as well as to the family’s
economic situation, the lack of medical coverage for Ms. Fabiola Valeria Torres, and to the fact that Ms.
Millacura Llaipen’s granddaughters live in constant fear. Through the brief of August 21, 2011, the
representatives referred to the treatment that Ms. Millacura Llaipen received at the Federal Court of
Comodoro Rivadavia when requesting information on the search for her son, Mr. Ivan Eladio Torres.
15
Cf. Matter of Millacura Llaipén et al. regarding Argentina. Order of the Court of July 6, 2006,
Considering 8.
16
Cf. Case of Ríos et al. v. Venezuela. Preliminary Objections, Merits, Reparations and Costs.
Judgment of January 28, 2009. Series C No. 194, para. 58, and Case of Torres et al. v. Argentina. Merits,
Reparations and Costs, supra footnote 4, para. 55.
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