3 12. On November 20, 1991, Mr. Esteban Garrido became a civil plaintiff in case No. 60.099, being heard in the Fourth Court of Inquiry of the First District of Mendoza. 13. In the five years following the disappearance of Mr. Garrido and Mr. Baigorria, their families denounced the events at the local, national and international levels, filed multiple complaints with government authorities, and conducted an intensive search in judicial, police and health departments, all to no avail. The proceedings into this case have not moved beyond the initial phase. 14. The application argued that the events described therein constituted the forced disappearance of Mr. Raúl Baigorria and Mr. Adolfo Garrido on April 28, 1990 and the subsequent denial of justice, in violation of a number of articles of the American Convention. The Commission invoked Articles 1(1) (Obligation to Respect Rights), 4 (Right to Life), 5 (Right to Humane Treatment), 7 (Right to Personal Liberty), 7(5), 7(6), 8 and 9 (Right to a Fair Trial), 8(1) (Judicial Guarantees) and 25 (Right to Judicial Protection) of the Convention. 15. In its application the Commission requested the following: 1. In accordance with the reasoning set forth in the present application, the Commission requests that the Honourable Court, having received ten copies of this application with its respective attachments, and based on the requirements set forth in Article 61 f the Convention and Articles 26 and 28 of the Rules of Procedure of the Court, admit the present application, transmit it to the Illustrious Government of Argentina and in due time render a judgment declaring: i. That the Argentine Government is responsible for the disappearance of Raúl Baigorria and Adolfo Garrido and that, as a consequence, violations of Articles 4 (right to live), 5 (right to respect for physical, mental, and moral integrity), and 7 (right to personal liberty), all in relation to Article 1(1) of the Convention, are imputed to the Government. ii. That the Argentine State has violated the right of the victims and of their families to a fair trial. In particular, it has violated the right to a judicial hearing within a reasonable time as recognized by Article 8(1) of the Convention, as well as the right to simple and prompt judicial recourse for protection against acts that violate fundamental rights as provided for in Article 25 of the Convention, both read in relation to Article 1(1) of the Convention. iii. That the Argentine State as a consequence of the violation of the rights protected by Articles 4, 5, 7, 8, and 25, has also violated Article 1(1) of the Convention, in relation to the obligation to respect the rights and freedoms recognized in the Convention, and the duty to ensure and guarantee the free and full exercise of those rights to all persons subject to the jurisdiction of the Argentine State. 2. That in accordance with the statements of Point 1 of this petition, the Court order the Argentine State to make full reparations to the family of the victims for the grave material and moral injury caused, and, as a consequence, rule that the Argentine State: i. Undertake a rapid, impartial, and exhaustive investigation into the facts complained of for the purpose of determining the whereabouts of Baigorria and Garrido and establishing the responsibility of the persons who are directly or indirectly involved, so that they receive the legal sanctions due them. ii. Provide information on the circumstances of the detention of Baigorria and Garrido and the fate of the victims, and locate and turn over their remains to their families.

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