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issued an order dated November 19, 1993, the operative portion of which reads as
follows:
1.
To enjoin the Government of the Republic of Argentina to adopt without delay
whatever measures are deemed necessary to protect the mental integrity of, and avoid
irreparable damage to, minors Gonzalo Xavier and Matías Angel Reggiardo-Tolosa, in
strict compliance with its obligation to respect and guarantee human rights under Article
1(1) of the Convention, in order to ensure that the provisional measures that the Court
may adopt during its next regular session, to be held from January 10 to 21, 1994, will
have the requisite effect.
2.
To request the Government of Argentina to submit a report on the measures
taken pursuant to this order to the President of the Court no later than December 20,
1993, to enable her to bring this information to the attention of the Court.
3.
To instruct the Secretariat to promptly transmit to the Inter-American
Commission on Human Rights the report to be received from the Government of the
Republic of Argentina.
The Order was notified to the Commission and to the Government of Argentina
(hereinafter "the Government"), by courier service to the Ministry of Foreign Affairs
as well as through its Embassy in San José, Costa Rica.
4.
The Government, in turn, addressed a note to the President dated December
20, 1993, regarding the order transcribed. The note asserts that:
[t]his Embassy is pleased to inform you that the judicial authorities have
already handed down a judgment on this matter, which is being sent to this mission by
diplomatic pouch. Upon receipt of the judgment, it will be transmitted to the Court.
This notwithstanding, it is expected that the judgment will order the "lifting of
the provisional custody of the minors . . . ," "placing a substitute family in charge
thereof," and " . . . attempting to bring about closer ties between the minors and their
biological family."
It must be pointed out that the Office for Human Rights and Women of the
Ministry of Foreign Affairs of Argentina has today informed this Embassy that the minors,
Gonzalo Xavier and Matías Angel Reggiardo-Tolosa, are currently living with their Tolosa
uncle and aunt, members of their legitimate family.
5.
In a letter dated January 14, 1994, the Commission informed the Court of the
following:
that the Secretariat of the Inter-American Commission on Human Rights has established
contact with the petitioners in Case No. 10.959 regarding the Reggiardo-Tolosa minor
children, which is currently before the Commission. The petitioners have stated that, in
their opinion, the Government of Argentina has complied with the provisional measures
requested by the Commission from the Inter-American Court.
WHEREAS:
The Court has taken note of the measures adopted by the Government in order to
protect the mental integrity of minors Gonzalo Xavier and Matías Angel ReggiardoTolosa, which measures have been confirmed by the Commission, which complied
with the above mentioned order issued by the President.