found that the central offense of the ruling consisted of a lack of basis and in an
infraction of the right to defense. 146 In its final written arguments, the State clarified
that this ruling had annulled the proceedings, but had not acquitted the accused, for
which reason the investigations continue.
133. Regarding the foregoing, the Court notes that on the domestic level, federal
authorities are currently in charge of the investigation and processing of those likely
responsible for the detentions and the enforced disappearance of Mr. Iván Eladio Torres
Millacura. In this regard, the Court has already indicated that Article 8(1) of the
Convention enshrines the guidelines of so-called "legal due process" that entail, among
other things, the right of every individual to a hearing within a reasonable period of
time. 147 In consideration of the actions taken from the time Mrs. Millacura Llaipén
denounced the disappearance of her son, the Tribunal highlights that approximately
eight years have passed since Mr. Torres disappeared, and responsibility has still not
been determined, meaning that this case remains in impunity. Impunity has been
defined by this Court as the total lack of investigation, persecution, capture,
prosecution, and conviction of those responsible for violations of the rights protected by
the American Convention. 148.
C.
Habeas corpus presented by Fabiola Valeria Torres.
134. Both the Commission and the representatives indicated that October 27, 2003,
Valeria Torres filed a writ of habeas corpus in favor of her brother, Mr. Iván Eladio
Torres, with Examining Judge No. 2, who was hearing the case. In this regard, the
Court notes that the Commission did not make any arguments of law on this point.
Indeed, the Commission limited itself to referring to the filing of the writ without
indicating the course the writ took. The representatives indicated that on June 30,
2004, the aforementioned Investigative Judge ordered the “stay” of the writ. However,
they did not provide any evidence to support this allegation. Therefore, given the lack
of evidence for analyzing this point, the Court will not rule thereon.
D.
Dossier on the search for Iván Eladio Torres Millacura.
135. It can be noted from the case file that parallel to the main legal action, the
Federal Judge is processing a "dossier with records on the search" for Mr. Torres
Millacura, showing that multiple steps have been ordered exclusively toward
establishing the whereabouts of Mr. Iván Eladio Torres Millacura. Among other
measures, they highlight the offer of rewards to those who provide information on the
whereabouts of Mr. Torres Millacura, the request for support from INTERPOL to verify
the whereabouts of Mr. Torres Millacura even if he is not in Argentine territory, and the
setting up of a 24-hour telephone number and an e-mail address for collecting
information on his whereabouts. 149
146
Cf. Judgment ordered by the Federal Appeals Chamber of Comodoro Rivadavia on May 26, 2011 (case
file of annexes to the answer to the application, annex 1, cuerpo XXVIII, folio 23756).
147
Cf. Case of Genie Lacayo V. Nicaragua. Merits, Reparations and Costs. Judgment of January 29, 1997.
Series C No. 30, para. 74; Case of Gomes Lund et al. (Guerrilha do Araguaia) V. Brazil, supra note 70, para.
291, and Case of Cabrera and Montiel V. México, supra note 51, para. 140.
148
Cf. Case of the “White Van” (Paniagua Morales et al.) V. Guatemala. Preliminary Objections. Judgment
of January 25, 1996. Series C No. 23, para. 173; Case of Ibsen Cárdenas and Ibsen Peña V. Bolivia, supra note
14, para. 172, and Case of Vera Vera et al. V. Ecuador, supra note 17, para. 97.
149
Cf. case file with proof of the search of Iván Eladio Torres Millacura (case file of annexes to answer to
the judgment, annex III, tomes I, II, III, IV and V).
42
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