the State was ordered to "evaluate all adequate mechanisms for the effective
protection of the beneficiaries’ rights to life and integrity in coordination with the
representatives and beneficiaries of the measures [...].” This coordination is essential
for the effective implementation of these measures. The Tribunal thus orders the
parties - mainly the representatives and the State - to report in a timely and detailed
fashion on this point. Likewise, they must submit evidence to the Tribunal that would
allow it to verify if there has been coordination between them, such as possible
meetings held between the representatives and the State or any other measure that
both parties consider pertinent toward the State being able to comply with this order.
C) Requests to broaden the instant provisional measures.
C.1) Request to broaden the measures to the benefit of Iván Eladio Torres
Millacura.
36.
In briefs dated January 2 and November 12, 2010, and February 18, April 15,
and August 11, 2011, the representatives asked that the Tribunal broaden the instant
measures the benefit of Iván Eladio Torres Millacura based on the following: a) in its
report issued pursuant to Article 50 of the Convention, the Commission noted "the
impunity surrounding [… the] disappearance [of Mr. Torres Millacur];” b) a court case
was dismissed in which “Iván [Eladio Torres Millacura] and/or his relatives and friends
were involved;" the case “was based on a beating [he] suffered in the First Police
Precinct;” c) "individuals who carry out State functions are [supposedly] the
perpetrators of the forced disappearance of [Mr. Torres Millacura];” d) on August 8,
2011, Ms. Millacura Llaipén met with Federal Public Prosecutor Norberto Belver; he
informed her that "currently, no one is looking for Iván Eladio Torres [Millacura,] as he
was only […] sought when ‘some information’ was available;” and e) Mr. Torres
Millacura is sought “in his capacity as a criminal and without any clear information […]
on how he is being sought […] in his capacity as a forcibly disappeared person.”
37.
The State observed that the situation based on which the Court earlier
dismissed the requests for the broadening of the instant measures to the benefit of
Iván Eladio Torres Millacura has not changed. For its part, the Commission limited
itself to observing that the time period established in Article 51 of the Convention for
the presentation of a contentious case before the court expired on March 18, 2010.
38.
Regarding this, through a judgment issued in the case of Torres Millacura et
al., the Court ordered the Argentine Republic to remove all obstacles of fact and law
that keep what happened to Mr. Iván Eladio Torres Millacura in impunity and to launch
all investigations that may be necessary to identify and, where appropriate, punish
those responsible for the facts, and to do so within a reasonable period of time.22 In
the Judgment, the Tribunal also ordered the State to continue the search for Mr.
Torres Millacura, and in doing so to make all possible efforts as quickly as possible.23
The wishes of the representatives have therefore already been taken into
consideration by the Court in the aforementioned Judgment. Thus, the Tribunal rules
that the request brought by the representatives to broaden the measures to the
benefit of Iván Eladio Torres Millacura is inadmissible.
22
Cf. Case of Torres Millacura et al. v. Argentina. Merits, Reparations and Costs, supra footnote 4,
para. 164.
23
Cf. Case of Torres Millacura et al. v. Argentina. Merits, Reparations and Costs, supra footnote 4,
para. 166.
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