Due to the objection of unconstitutionality filed by the accused [J. R], the present proceedings are
suspended and remitted to the Supreme Court of Justice. […] With respect to the objection of
prescription filed by [J. R.], since an objection of unconstitutionality is pending, the substance of the
case is also suspended until the issue is resolved by the Supreme Court of Justice.80
C.2 Regarding the disappearance of Luis Eduardo González González and the
subsequent investigation
C.2.1 Facts
73.
Amalia González, mother of Luis Eduardo González González, denounced that, at
2 a.m. on December 13, 1974, two persons “dressed in civilian clothes” came to her
home and asked for "el chiqui," the family nickname of her son. She stated that, when
she did not allow them in, they identified themselves as members of the Joint Forces
and a group of soldiers armed with machine guns barged into her home. She stated that
they remained there for several hours until they located the whereabouts of Mr. González
González.81 They immediately went there and, in the early morning, detained him and
his wife, Elena Zaffaroni Rocco, who was pregnant.82 Both were then taken to the Sixth
Cavalry Regiment of the First Army Division.83
74.
According to the Commission and the evidence, three persons, who were detained
with Mr. González González, described his deteriorated physical and mental state at that
time, as well as “the mistreatment and tortures” to which they had been subjected. 84
The Special Prosecutor also affirmed that Mr. González González was “tortured,”85 which
agrees with the oral statement given before the Court by his wife, Mrs. Zaffaroni, as well
as her other previous remarks, as will be shown.
75.
Mrs. Zaffaroni declared that she was detained together with her husband and that
they were kept blindfolded most of the time in the detention center, but on the day after
they were apprehended she could identify her husband and was then able to exchange
words with him. On the third day, she could hear him being tortured. She indicated that
“on approximately December 18, [1974]” they removed the blindfold and made her
watch her husband having convulsions. She stated that, after this episode, she did not
26th Criminal Court. Notification C. N° 391/2021. This document transcribes Decree 445/2021 of July
14, 2021.
80
Complaint presented by Amalia González de González on July 24, 1985, regarding the disappearance
of her son, Luis Eduardo González, to the 10th Criminal Court.
81
Statement given, on August 13, 1985, by Elena Zaffaroni Rocco (evidence file, annex 1(3) to the
Merits Report, fs. 27 to 33). The information provided by Mrs. Zaffaroni Rocco agreed with that of her oral
statement before the Inter-American Court, specifying that she and her husband were detained at 3 a.m.
82
Complaint presented by Amalia González de González, on July 24, 1985, regarding the disappearance
of her son, Luis Eduardo González, to the 10th Criminal Court and the statement given on August 13, 1985 by
Elena Zaffaroni Rocco regarding the disappearance of Luis Eduardo González. The Special Prosecutor affirmed
that “it has been determined that González González […] was detained, together with his partner and taken
to the Sixth Motorized Cavalry Regiment (cf. Undated Report of the Special Prosecutor).
83
84
Cf. Statements of J.G.M., J.M.G. and J.P. of September 27, 1985 (evidence file, annexes 1(5), 17 and 18
to the Merits Report, fs. 39 to 43, 48 to 51 and 52 to 55, respectively). The Commission referred to the
statements of four other persons, but it is not demonstrated that they had direct knowledge of Mr. González
González. The mention of “mistreatment and tortures” was made by the Commission as a fact, which was not
refuted.
85
Cf. Undated Report of the Special Prosecutor.
22