determine […] who committed the attack with the firearm." In previous briefs, the
State did not report on any measures implemented to the benefit of Mr. Caba.
30.
With regard to Mr. Mansilla, the representatives contested "the documentation
presented by the Argentine State […] without any impartial judicial oversight" and
argued that the State “left Walter to his fate [,] guaranteeing his silence." With regard
to Mr. Juan Pablo Caba, the representatives reported that the beneficiary checked into
the Comodoro Rivadavia Regional Hospital on March 7, 2011. There, he expressed
that "he was ambushed […]." According to the representatives, Mr. Caba was
interrogated in the hospital and died on March 22, 2011, after several operations. On
the day of his death, “Valeria [Torres] saw [four] uniformed police officers" who said
they had been sent by a judge. Ms. Millacura Llaipén demanded that the doctor on call
give "the reasons for deciding to disconnect [Mr. Caba] from the respirator […]
without first communicating with his relatives."
31.
The Commission stated that "the submission of information on [Mr. Mansilla]
and the investigation pursued by the State to verify the cause of his death [was] of
the highest importance."In addition, "it note[d] with concern the death of Juan Pablo
Caba [...] under circumstances that have not yet been cleared up and […] without
protection at the moment the incidents took place. […] The Commission awaits
information from the State on the investigations opened into not only [the death of
Mr. Caba] but also [with regard to] the allegations of the representatives regarding
medical malpractice."
32.
The Tribunal is saddened by the deaths of Mr. Mansilla and Mr. Caba. Although
the information provided by the parties does not allow for the Court to determine
whether the deaths of the beneficiaries were connected to the facts that led to the
adoption of the instant provisional measures,21 the Tribunal highlights that at the time
Mr. Caba was shot, the protective measures ordered previously by this Court to his
benefit - which could have contributed to preventing this incident - were apparently
not being effectively applied.
33.
Without prejudice to this, in light of the deaths of Walter Mansilla and Juan
Pablo Caba, the provisional measures ordered to their benefit are no longer in force.
B) Obligation to coordinate evaluation of the mechanisms of protection with
the beneficiaries and their representatives (operative paragraph of the Order
of February 6, 2008).
34.
The State reported multiple times that the measures implemented for the
beneficiaries had been implemented in agreement with them. In contrast, the
representatives stated in the brief of May 7, 2011, that there has been a "total
absence of dialogue with the State […] since September 29, 2006." For its part, the
Commission asked the Court to urge the State to allow the beneficiaries and their
representatives to participate in the implementation of the provisional measures.
35.
Regarding this, there is a discrepancy between the information submitted by
the State and the representatives with regard to the implementation of this obligation.
The Tribunal considers it pertinent to reiterate that in the Order of February 6, 2008,
21
Cf. Matter of Millacura Llaipén et al. Provisional Measures regarding Argentina, supra footnote 15,
Considering 8.
11