particularly in the narration of events presented in relation to the violation of Articles
8(1) and 25 of the American Convention. 32
55.
In this respect, first, the Tribunal observes that in this case, the purpose of the
proceedings on provisional measures is different from the purpose of the contentious
case in its procedural aspects, in the evaluation of evidence, and in the scope of the
decisions issued. 33 Additionally, the Court highlights that even though the alleged
victims in this case are also beneficiaries of provisional measures, there are more
beneficiaries than there are alleged victims. Furthermore, the proceedings on provisional
measures have been carried out parallel to, but autonomously from, the proceedings on
the case before the Commission and the Court, with a factual framework that is broader
than that of this latter proceeding. Therefore, the Court notes that in this judgment, only
the findings of fact, the evidence, and legal arguments aired in the context of this
contentious case will be considered.
VIII
RIGHTS TO RECOGNITION OF JURIDICIAL PERSONALITY, TO LIFE, TO HUMANE
TREATMENT [PERSONAL INTEGRITY, AND TO PERSONAL LIBERTY WITH
REGARD TO THE DUTY TO RESPECT THE RIGHTS OF IVÁN ELADIO TORRES
MILLACURA
56.
As indicated in this Judgment (supra para. 37), the Court accepted the State’s
acknowledgment of international responsibility with regard to the detentions and
subsequent enforced disappearance of Mr. Iván Eladio Torres that took place between
September and October of 2003 in the city of Comodoro Rivadavia, Province of Chubut,
and the subsequent human rights violations of Articles 3, 34 4, 35 5, 36 and 7 37 of the
American Convention, in relation to Article 1(1) 38 of the Convention, along with the
32
Among other things, allegations related to alleged threats against witnesses of the events occurred to
Mr. Torres.
33
Case of Ríos et al. V. Venezuela. Preliminary Objections, Merits, Reparations and Costs. Judgment of
January 28, 2009. Series C No. 194, para. 58, and Case of Perozo et al. V. Venezuela. Preliminary Objections,
Merits, Reparations and Costs. Judgment of January 28, 2009. Series C No. 195, para. 69.
34
The Article 3 of the American Convention on Human Rights establish that: “ Every person has the right
to recognition as a person before the law.”
35
The Article 4(1) of the American Convention on Human Rights stipulate that: “ Every person has the
right to have his life respected. This right shall be protected by law and, in general, from the moment of
conception. No one shall be arbitrarily deprived of his life.”
36
The Article 5 establish that:
1.
Every person has the right to have his physical, mental, and moral integrity respected.
2.
No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment.
All persons deprived of their liberty shall be treated with respect for the inherent dignity of the
human person.
[…]
37
The Article 7 establish that:
1.
Every person has the right to personal liberty and security.
2.
No one shall be deprived of his physical liberty except for the reasons and under the conditions
established beforehand by the constitution of the State Party concerned or by a law established
pursuant thereto.
[…]
38
This Article states that:
The States Parties to this Convention undertake to respect the rights and freedoms recognized
herein and to ensure to all persons subject to their jurisdiction the free and full exercise of
those rights and freedoms, without any discrimination for reasons of race, color, sex, language,
19