136. The Court has established that as part of its obligation to investigate, the State
must carry out a serious investigation in which it makes all efforts possible to determine
quickly the whereabouts of the victim, as the family members’ right to learn the fate or
whereabouts of the disappeared victim 150 constitutes a measure of reparation and
therefore an expectation that the State must satisfy. 151 It is highly important to the
family members of the disappeared victim that his whereabouts or final destination be
established, as this alleviates the anguish and suffering caused by the uncertainty
surrounding the whereabouts and fate of their disappeared family member. 152
137. Regarding this, the Court notes that the State has made several efforts toward
locating the whereabouts of Mr. Torres Millacura as part of its duty to investigate what
happened. However, Mr. Torres Millacura is still disappeared.
E.
Administrative actions.
138. On January 12, 2004, the Police of the Province of Chubut launched an ex officio
administrative preliminary investigation in order to carry out the corresponding inquiries
to establish and/or demarcate police officers’ responsibility. 153 Among the measures
taken as part of this investigation are dragnets and searches in different areas of
Comodoro Rivadavia, Province of Chubut, as well as in other provinces of Argentina; the
request for documents and information from provincial and federal authorities among
others; the submission of testimony given by police personnel before the Investigating
Judge No. 2, and the carrying out of interviews and gathering of statements from
various individuals. However, as can be deduced from the title of the case file of the
investigation, this preliminary investigation was put on hold, “subordinated to the
judicial action.” 154 Therefore, as of this date, no police agent has been administratively
punished for the events that took place with regard to Mr. Iván Eladio Torres Millacura.
F.
Final conclusions.
139. The Court concludes that the investigation of the detentions, the acts of torture
suffered by Mr. Torres Millacura, and his later enforced disappearance - considered as a
whole - has not been carried out in a diligent manner and within a reasonable period of
time. Therefore, the Court finds that the State violated the rights established in Articles
8(1) and 25(1) of the American Convention, in relation to Article 1(1) thereof, to the
detriment of María Leontina Millacura Llaipén, Fabiola Valeria Torres, and Marcos
Alejandro Torres Millacura, relatives of Mr. Iván Eladio Torres Millacura. Likewise, the
Tribunal finds that the lack of investigation into the enforced disappearance of Mr.
Torres Millacura and of the acts of torture to which he was subjected also constitute a
failure to comply with the obligations enshrined in Article I.b) of the Convention on
Forced Disappearance, as well as Articles 1, 6, and 8 of the Inter-American Convention
Against Torture, to the detriment of the victims. Those Articles impose on States
150
Cf. Case of Castillo Páez V. Perú. Reparations and Costs. Judgment of November 27, 1998. Series C
No. 43, para. 90; Case of Ticona Estrada V. Bolivia, supra note 69, para. 155, and Case of Ibsen Cárdenas and
Ibsen Peña V. Bolivia, supra note 14, para. 214.
151
Cf. Case of Neira Alegría et al. V. Perú. Reparations and Costs. Judgment of September 19, 1996.
Series C No. 29, para. 69; Case of Ticona Estrada V. Bolivia, supra note 69, para. 155, and Case of Ibsen
Cárdenas and Ibsen Peña V. Bolivia, supra note 14, para. 214.
152
Cf. Case of Ticona Estrada V. Bolivia, supra note 69, para. 155, and Case of Ibsen Cárdenas and Ibsen
Peña V. Bolivia, supra note 14, para. 214.
153
Cf. decision of the Police Inspector of the Police Department of Chubut of January 12, 2004 (case file
of annexes to the final written arguments of the State, drafted on July 18, 2011).
154
Case file of the claim “Área URCR S/Inv. Fin Establecer y/o Deslindar Responsabilidades
Administrativas [ilegible] y Personal Policial Sec[c]ional Primera Respecto Desaparición Ciudadano Iván Eladio
Torres 2004” (case file of annexes to the final written arguments of the State, folio 25510).
43
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos