Llaipén…].” Additionally, they requested that Ms. Bolívar be included in a "Witness
Protection Program, taking into account her situation of risk that arises from being
both a witness and a person living in great poverty."Finally, in response to a request
from the Tribunal asking for updated information with regard to each beneficiary
(supra Having Seen 5), the representatives indicated that, "according to Ms. [Millacura
Llaipén, Ms. Tamara Bolívar] ‘is surviving.’”
27.
The Commission argued that "although [...] no detailed information [with
regard to Ms. Tamara Bolívar…] is available, this could be the result of the wellfounded fear that she has of the regional authorities, especially the provincial police.
Regarding this, the [Commission] highlight[ed] that, as expressed by expert witness
Sofía Tiscornia during the public hearing [held in the case of Torres Millacura et al.],
police abuse against impoverished young people such as the beneficiary in question is
a common practice." According to the Commission, “The fact that some witnesses to
the facts [of the case in question…] have died under suspicious circumstances or
continue to be threatened could be a factor that instills fear in [this beneficiary]."
28.
The latest reports with regard to Ms. Tamara Bolívar date from the year 2010.
For this reason, the Tribunal does not have information that would allow it to assess
the current situation of risk of this beneficiary. Nevertheless, it also observes that in a
recording submitted by the representatives in the month of June of that year, Ms.
Bolívar told of the beatings and threats she was subjected to on being detained by two
police officers, apparently from Trelew. According to the beneficiary, the
aforementioned police officers warned her that "the same thing was going to happen
to her [that happened to Iván Eladio Torres Millacura; that she was going…] to fall
unconscious and have her hands burned, and no one, not even her mother, was going
to recognize her […]."Given the gravity of these threats, the Court finds it necessary
to maintain these provisional measures in force to the benefit of Ms. Tamara Bolívar
for an additional period of eight months.The Court asks that the parties, principally the
representatives, provide updated and detailed information on the situation of risk
faced by this beneficiary and regarding the implementation of the measures of
protection ordered to her benefit in order that the Tribunal might be able to assess the
appropriateness of maintaining the measures for an additional period of time, where
necessary.
A.5) Deaths of Walter Mansilla and Juan Pablo Caba.
29.
Regarding the death of beneficiary Walter Wansilla, the State indicated that the
"Provincial Director of the Comodoro Rivadavia Program Area (under the Health
Secretariat of the Chubut Province), [... stated] in writing that on June 1, 2007,
Walter Mansilla died in Hospital Alvear in that city [...] of ‘symptoms compatible with
bilateral pneumonia and general sepsis, with significant signs of intoxication by alcohol
and probably other drugs.’”20. Regarding the death of Mr. Juan Pablo Caba, the State
indicated that the beneficiary died on March 22, 2011, "as a result of a bullet wound”
after being admitted to the Comodoro Rivadavia Regional Hospital and cared for there
for 15 days. It also reported on the investigations being carried out by the Office of
the Public Prosecutor into these facts, indicating that an autopsy was ordered the
same day the beneficiary died and that "evidence is being gathered in order to
20
The State submitted the medical history of Mr. Mansilla (case file of monitoring of compliance,
volume x, page 3903).
10