3
illegal acts against them. The case history of the minors presents a prima facie case
of imminent danger to their mental health and the Commission considers that
Argentine law does not provide adequate ordinary guarantees to protect their mental
identity;
8.
The Commission therefore requests that the Court, in application of Article
63(2) of the Convention "require the Government of Argentina to order the
immediate transfer of the minor children to ensure that they be placed under
temporary custody in a substitute location and be provided adequate psychological
treatment until such time as the matter of their delivery to their legitimate family is
settled;" and,
9.
The President of the Court, Judge Rafael Nieto-Navia, recused himself from
hearing this request for provisional measures on the ground that he is a "member
and President of the Argentine-Chilean Arbitral Tribunal to delimit the boundary
between Milestone 62 and Mount Fitz Roy." Consequently, the Presidency has been
assumed by Judge Sonia Picado-Sotela, Vice President of the Court.
CONSIDERING THAT:
1.
Argentina is a State Party to the American Convention on Human Rights since
November 5, 1984, date on which it also accepted the jurisdiction of the Court, in
accordance with Article 62 of the Convention;
2.
Article 63(2) of the Convention provides that
In cases of extreme gravity and urgency, and when necessary to avoid irreparable
damage to persons, the Court shall adopt such provisional measures as it deems
pertinent in matters it has under consideration. With respect to a case not yet submitted
to the Court, it may act at the request of the Commission.
3.
Article 24(4) of the Rules of Procedure stipulates that
If the Court is not sitting, the President shall convoke it immediately. Pending the
meeting of the Court, the President, in consultation with the Permanent Commission and,
if possible, with the other judges, shall call upon the government concerned to adopt the
necessary urgent measures and to act so as to permit any provisional measures
subsequently ordered by the Court to have the requisite effect.
4.
Despite the fact that the Commission has not yet submitted the case to the
Court, the mental integrity of the two minors is at stake and it is important to
prevent them from suffering irreparable damage as a result of the situation alleged
in the request for provisional measures. This situation is characterized by the
gravity and urgency necessary for the request to be acted upon;
5.
Argentina has the obligation to adopt all necessary measures to protect the
mental integrity of, and prevent irreparable damage to, all persons whose rights
might be threatened, in this case those of minors Gonzalo Xavier and Matías Angel;
THEREFORE:
THE PRESIDENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS,