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