Examining Judge No. 2, the case file does not evidence any actions taken by that judge in order to investigate this irregularity. 120. The case file indicates that on October 27, 2003, the First Precinct brought the preliminary actions before Examining Judge No. 2. Starting on that date, the investigations were conducted by that judge under case number 1138/03. 126 In this regard, the representatives alleged that there was "a delay by police personnel in submitting the actions before the Court." However, they did not present any arguments or grounds with respect to why that lapse of time should be considered a delay and how it constitutes a violation of due process. 121. In the judicial case file, it can be observed that from the start, Examining Judge No. 2 ordered and took several steps mostly towards locating the whereabouts of Mr. Iván Eladio Torres Millacura.127 The actions toward determining who was responsible for his arrests and disappearance were minimal. On this point, the Court highlights that the majority of the steps initially ordered were carried out by the personnel of the First Precinct itself. Those steps included taking testimony from witnesses on what happened to Mr. Torres Millacura. In this regard, Mrs. Millacura Llaipén requested that the evidence gathering procedures be carried out by security forces personnel that did not belong to the Province of Chubut. 128 However, her request was considered "extravagant" and without juridical basis, and thus it was denied. 129 The Court finds that, taking into account what Mrs. Millacura Llaipén denounced with regard to what happened to her son, it was clear that the investigation should not have been carried out by the very officers being accused of having committed Mr. Torres Millacura’s enforced disappearance. For the Tribunal, this constituted a lack of due diligence in initial evidence collection. Nevertheless, the Court observes that subsequently, on January 12, 2004, the Office of the Public Prosecutor requested the participation of the National Gendarmerie to gather forensic evidence. 130 From that point on, the National Gendarmerie participated in gathering various evidentiary elements, such as fingerprints, DNA, visual inspections, etc. 122. The Court also notes that the gathering of the testimony of police officers who were possibly involved in the facts was tardily ordered by Examining Judge No. 2. The case file indicates that approximately six months later, all the police officers still had not been called to testify. Likewise, the taking of testimony from other individuals, particularly those who had been working in the Plaza Bitto ice cream shop when Mr. Torres Millacura disappeared was ordered almost one year after the complaint was filed. In this regard, the Tribunal has already established that the passage of time has a 126 Cf. Oficial letter of the Chief of the Police Department of the city of Comodoro Rivadavia, Province of Chubut, on October 27, 2003 (case file of annexes to the application, tome X, folio 7269). 127 Among other things, the judge carried out a visual inspection in the First Police Precinct of Comodoro Rivadavia of the precinct’s log book corresponding to September 15, 2003, as well as of the area behind the Bitto ice cream shop where Mr. Iván Eladio Torres Millacura disappeared; he received testimony from Gerardo Atilio Colin and Luis Patricio Oliva; the judge ordered the phone tapping of the "Torres family," the deadline for which was later extended; he added a report to the record on a traffic control operation carried out on October 2-3, 2003; he ordered the Federal Radio Broadcasting Committee to distribute the photograph of Iván Eladio Torres Millacura for his identification, and ordered some television channels to broadcast information on Mr. Torres Millacura; he asked INTERPOL of the Argentine Federal Police to establish whether Mr. Torres Millacura had entered a bordering country and to conduct inquiries on whether Mr. Torres Millacura was in any hospitals, aid centers, or police facilities; he ordered reports on the search for Mr. Torres Millacura that were prepared by different Argentine provincial authorities added to the record. 128 Cf. Brief of María Leontina Millacura Llaipén on December 1, 2003 filed before the Examining Judge No. 2 of Comodoro Rivadavia (case file of annexes to the application, tome X, folios 7525 to 7526). 129 Cf. Decision of the Examining Judge No. 2 of Comodoro Rivadavia on December 12, 2003 (case file of annexes to the application, tome X, folio 7674). 130 Cf. Resolution of the Fiscal Public Ministry on January 12, 2004 (case file of annexes to the application, tome X, folios 7806 and 7807). 38

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