3
12.
On November 20, 1991, Mr. Esteban Garrido became a civil plaintiff in case
No. 60.099, being heard in the Fourth Court of Inquiry of the First District of
Mendoza.
13.
In the five years following the disappearance of Mr. Garrido and Mr. Baigorria,
their families denounced the events at the local, national and international levels,
filed multiple complaints with government authorities, and conducted an intensive
search in judicial, police and health departments, all to no avail. The proceedings
into this case have not moved beyond the initial phase.
14.
The application argued that the events described therein constituted the
forced disappearance of Mr. Raúl Baigorria and Mr. Adolfo Garrido on April 28, 1990
and the subsequent denial of justice, in violation of a number of articles of the
American Convention. The Commission invoked Articles 1(1) (Obligation to Respect
Rights), 4 (Right to Life), 5 (Right to Humane Treatment), 7 (Right to Personal
Liberty), 7(5), 7(6), 8 and 9 (Right to a Fair Trial), 8(1) (Judicial Guarantees) and 25
(Right to Judicial Protection) of the Convention.
15.
In its application the Commission requested the following:
1.
In accordance with the reasoning set forth in the present application, the
Commission requests that the Honourable Court, having received ten copies of this
application with its respective attachments, and based on the requirements set forth in
Article 61 f the Convention and Articles 26 and 28 of the Rules of Procedure of the Court,
admit the present application, transmit it to the Illustrious Government of Argentina and
in due time render a judgment declaring:
i.
That the Argentine Government is responsible for the disappearance of Raúl
Baigorria and Adolfo Garrido and that, as a consequence, violations of Articles 4 (right to
live), 5 (right to respect for physical, mental, and moral integrity), and 7 (right to
personal liberty), all in relation to Article 1(1) of the Convention, are imputed to the
Government.
ii.
That the Argentine State has violated the right of the victims and of their
families to a fair trial. In particular, it has violated the right to a judicial hearing within a
reasonable time as recognized by Article 8(1) of the Convention, as well as the right to
simple and prompt judicial recourse for protection against acts that violate fundamental
rights as provided for in Article 25 of the Convention, both read in relation to Article 1(1)
of the Convention.
iii.
That the Argentine State as a consequence of the violation of the rights
protected by Articles 4, 5, 7, 8, and 25, has also violated Article 1(1) of the Convention,
in relation to the obligation to respect the rights and freedoms recognized in the
Convention, and the duty to ensure and guarantee the free and full exercise of those
rights to all persons subject to the jurisdiction of the Argentine State.
2.
That in accordance with the statements of Point 1 of this petition, the Court
order the Argentine State to make full reparations to the family of the victims for the
grave material and moral injury caused, and, as a consequence, rule that the Argentine
State:
i.
Undertake a rapid, impartial, and exhaustive investigation into the facts
complained of for the purpose of determining the whereabouts of Baigorria and Garrido
and establishing the responsibility of the persons who are directly or indirectly involved,
so that they receive the legal sanctions due them.
ii.
Provide information on the circumstances of the detention of Baigorria and
Garrido and the fate of the victims, and locate and turn over their remains to their
families.