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1.
This case was submitted to the Inter-American Court of Human Rights (hereinafter
“the Court”) by the Commission by application dated May 29, 1995, which was accompanied
by Report 26/94 of September 20, 1994. It originates in a complaint (No. 11.009) against
Argentina which the Commission received on April 29, 1992.
2. 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 Honorable Court, having received ten copies of this application with its respective
attachments, and based on the requirements set forth in Article 61 of 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 disappearances of Raúl Baigorria and
Adolfo Garrido and that, as a consequence, violations of Articles 4 (right to life); 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.
iii. Grant reparations for the purpose of compensating the families of the victims for the
material and moral injuries suffered.
iv. Order any other measures which the Court considers appropriate to remedy the injury
caused by the disappearance of Baigorria and Garrido.
3.
Order the Argentine State to pay the costs of this proceeding, including the honoraria of
the professionals who have served as representatives of the victims both in their efforts before the
Commission and in the proceedings before the Court.

3.
The Inter-American Commission named Michael Reisman as its Delegate; David
Padilla and Isabel Ricupero as Attorneys; and as Assistants, Juan Méndez, José Miguel
Vivanco, Viviana Krsticevic, Ariel Dulitzky, Martín Abregú, Diego Lavado, and Carlos Varela
Alvarez. Isabel Ricupero was subsequently replaced by Mario López-Garelli.
4.
On June 12, 1995, after the President of the Court (hereinafter “the President”) made
the preliminary review of the application, the Secretariat of the Court (hereinafter “the

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