4
of Mendoza when they were driving around in a vehicle. This event took place in the
General San Martín Park in the City of Mendoza. According to the witnesses, the men were
questioned (or detained) by at least four police agents wearing uniforms of the mobile
division of the Mendoza Police, who were traveling in two cars belonging to that security
force.
11.
This incident was communicated to the family of Garrido approximately one hour
later, by Ramona Fernández, who heard of the occurrence through the account of an
eyewitness.
12.
The family of Garrido had immediately initiated a search. They were worried because
there was a judicial order of detention out against him. The family asked Attorney Mabel
Osorio to locate Garrido.
The result of the inquiry was that Mr. Adolfo Garrido was not found to be detained at any
police division. Nevertheless, at the Fifth Police Station of Mendoza the family found the
vehicle in which Garrido and Baigorria had been traveling at the time of their detention. The
police told them that the vehicle had been found in the General San Martín Park as a result
of an anonymous call claiming that there was an abandoned car there.
13. On April 30, 1990, Attorney Osorio filed a writ of habeas corpus on behalf of Garrido,
and on May 3 Attorney Oscar A. Mellado also filed a writ on behalf of Baigorria.
Both writs were processed by the Fourth Court of Investigation of the Mendoza Province and
were rejected for failure to prove deprivation of liberty.
14.
On May 2, 1990, the family of Garrido filed a formal complaint with the Public
Prosecutor on duty, alleging the forced disappearance of both persons. This proceeding took
place in the Fourth Court of Investigation of the First Judicial District and was identified as
No. 60.099.
When Esteban Garrido, brother of one of the victims, answered the summons to testify, he
met a police officer named Geminiani at the Court. Mr. Geminiani acknowledged that a
photograph of Adolfo Garrido had been shown by a police agent to the owners of a business
that had been held up, and that the police “were looking for him.” These statements were
recorded in the judicial record.
15.
The application provides the names of the eyewitnesses who saw Garrido and
Baigorria detained and taken away by police personnel.
16.
The families of the disappeared reported the events to the Committee on Rights and
Guarantees of the Chamber of Representatives and to the Senators of the Mendozan
Legislature on May 2 and 11, 1990, respectively. They did not receive an answer.
17.
On September 19, 1991, Esteban Garrido presented a new writ of habeas corpus on
behalf of both disappeared before the First Court of Investigation of Mendoza. It was
rejected. He appealed this decision to the Third Criminal Chamber of Mendoza, which
denied the appeal on November 25, 1991.
18.
On November 20, 1991, Esteban Garrido became the civil plaintiff in Action No.
60.099, which was brought before the Fourth Court of Investigation of the First Judicial
District of Mendoza (supra, para. 14).