ORDER OF THE PRESIDENT OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF NOVEMBER 19, 1993
PROVISIONAL MEASURES REQUESTED BY THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
IN THE MATTER OF THE REPUBLIC OF ARGENTINA
REGGIARDO TOLOSA CASE
WHEREAS:
1.
In a fax dated October 20, 1993, and received at the Secretariat of the InterAmerican Court of Human Rights (hereinafter "the Court") on November 8 of that
same year, the Inter-American Commission on Human Rights (hereinafter "the
Commission" or "the Inter-American Commission") submitted to the Court, pursuant
to Articles 63(2) of the American Convention on Human Rights (hereinafter "the
Convention" or "the American Convention") and 24 of the Rules of Procedure of the
Court (hereinafter "the Rules of Procedure"), a request for provisional measures in
connection with Case 10.959 currently before the Commission. The provisional
measures requested relate to "the mental integrity of minors Gonzalo Xavier and
Matías Ángel, Argentine citizens," who, according to the petition presented to the
Commission on June 23, 1991, by the Grandmothers of the Plaza de Mayo, a nongovernmental organization, are the "children of Juan Enrique Reggiardo and María
Rosa Ana Tolosa, a married couple who were the victims of a forced disappearance;"
2.
The petition was filed with the Commission because the aforementioned
minors have not been delivered to their legitimate family and the family demands
that they be placed under its care in provisional custody. This demand has not been
met to date, a fact that severely endangers the mental integrity of the minors;
3.
According to the petition, on February 12, 1987, the National Federal Criminal
and Correctional Court of First Instance Nº 2 applied the hemogenetic procedure
provided by Law 23.511 establishing the National Genetic Data Bank in order to
make an identification and determined that the aforementioned minors, who were
born during the illegal detention of their mother, are the offspring of disappearance
victims Juan Enrique Reggiardo and María Rosa Ana Tolosa;
4.
According to the request for provisional measures, Gonzalo Xavier and Matías
Angel were born in April 1977, during the captivity of their mother, and were
immediately removed and later registered as the children of Samuel Miara, a former
assistant police inspector of the Federal Police, and his wife, Beatriz Alicia Castillo.
When the minors reached the age of eleven, they became aware of the fact that the
Miara couple were not their real parents. In 1985, they were taken to Paraguay,
where they lived, confined to their home, until 1989. That year they were brought
back to Argentina "and placed for a period of time with a foster family, pending the
results of the immunogenetic tests. Despite evidence as to the true origins of these
children, they continue to be held by the persons who abducted them and falsified
their real identities;"