6
22.
The application maintains that the events set forth therein describe a case of the
forced disappearance of Mr. Raúl Baigorria and Mr. Adolfo Garrido on April 28, 1990, and a
resultant denial of justice, which violate numerous articles of the American Convention on
Human Rights (hereinafter “the Convention” or “the Inter-American Convention”). In this
respect the Commission invokes 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 (Judicial Protection), (supra para.
2).
23.
In the application the Commission offers the evidence on which it is based.
V
24.
The Court considers it pertinent to transcribe the following two paragraphs from
Argentina's answer to the application:
The Government of Argentina accepts the facts set forth in Item II of the application in
relation to the situation of Mr. Raúl Baigorria and Mr. Adolfo Garrido, facts which substantially
coincide with those raised in the presentation before the Illustrious Inter-American Commission on
Human Rights that were not questioned at that time.
The Government of the Republic of Argentina accepts the legal consequences to the
Government resulting from the facts referred to in the previous paragraph in light of Article 28(1)
and (2) of the American Convention on Human Rights inasmuch as the competent court has not
been able to identify the person or persons criminally responsible for the crimes against Raúl
Baigorria and Adolfo Garrido and in that way clarify their whereabouts.
25.
During the hearing of February 1, 1996, (supra para. 9) the Alternate Agent of
Argentina, Ambassador Humberto Toledo, stated that the Government “totally accept[ed] its
international responsibility” and reiterated “the acceptance of international responsibility of
the Argentine State in a case of this kind.” At the same hearing the Commission expressed
its agreement to the terms of the acceptance of responsibility made by the Alternate Agent
of Argentina.
VI
26.
The Court has jurisdiction to hear the instant case. Argentina has been a State Party
to the American Convention since September 5, 1984, and on that same day accepted the
jurisdiction of the Court.
VII