21.
The Commission “observ[ed] with concern the grave threats received by Miguel
Angel Sanchez, [...] who [...] continued to be the victim of police harassment.” It
indicated that “[i]n his affidavit in the case [Torres Millacura et al] Mr. Sanchez
requested ‘asylum’ and appealed to the Court for his ‘security, stability and integrity to
preserve [his] life.’ [...] In this regard, the [Commission] asked the Court to request
that the State provide immediate protection for Mr. Sanchez, through personnel other
than members of the regional or national police force.”
22.
The Court deems from the information provided by the parties that the State
has not adopted any measures to protect the personal integrity and life of Mr. Miguel
Angel Sanchez while he has been on conditional release. The Court also finds that
according to the statement made by Mr. Sanchez before the notary public in of the
case of Torres Millacura et al, provided by the representatives during the processing of
the instant measures, which narrates the recent threats against said beneficiary
(supra Considering 20), he could be at imminent risk of suffering irreparable damages
to his life and personal integrity, specifically given his condition as a witness in
aforementioned case.
23.
Consequently, the State must adopt all measures necessary to protect the life
and integrity of Mr. Miguel Angel Sanchez, and that these measures must remain in
effect for a period of at least eight months. The Court calls to mind that these
protective measures should be agreed on with the participation of the beneficiary or
his representatives, and should also be implemented as soon as possible, making
prompt collaboration toward this on the part of the representatives and the State
particularly important (infra Considering 35).
24.
Without detriment to this, and for the purposes of the adequate monitoring of
the instant provisional measures, the Court requests that the parties submit up-todate and detailed information on the situation of risk faced by Mr. Miguel Angel
Sanchez, including specific facts, if relevant, as well as on the actions conducted to
implement the measures ordered in his favor, and substantiating the need to maintain
or, if appropriate, lift said measures.
A.4) The situation of Tamara Bolívar.
25.
The State reported that “in the proceedings entitled ‘Choque Trujillo Luis S/Pto.
Robo Agravado R/Víctima Rawson,’” the Trelew Criminal Judge ordered in resolutions
dated June 16, 17 and 18, 2010, that Ms. Tamara Bolivar be placed under house
arrest in the home of Ms. María Leontina Millacura Llaipén and “under the
responsibility” of the latter, "maintaining the house arrest [carried out by the
Argentine Naval Prefecture] in the context of [these provisional] measures."
26.
Therepresentatives reported that Ms. Bolívar "was deprived of liberty in a
precinct in the city of Rawson[,] where she was brutally beaten, […] tortured and/or
sexually abused and/or subjected to cruel, inhuman and degrading punishment […]."
Regarding this, as an appendix dated June 17, 2010 (supra Having Seen 3), they
submitted a recording in which Ms. Bolívar “described the incidents she experienced in
recent months[,] carried out by police personnel of the Chubut Province[. She
indicated that at least two police officers] told her that they were going to finish off
Iván Torres[, that is,] disappear him.” Likewise, the representatives indicated that
after filing for a writ of habeas corpus to the benefit of the beneficiary, she was
ordered to serve time in preventative detention "in the home of Ms. [Millacura
9