REPORT N° 69/05 PETITION 960/03 ADMISSIBILITY IVAN ELADIO TORRES ARGENTINA October 13, 2005 I. SUMMARY 1. On November 14, 2003, the Inter-American Commission on Human Rights (IACHR) received a complaint lodged by Mrs. Maria Leontina Millacura Llaipén and the Asociación Grupo Pro-Derechos de los Niños ("the petitioners "), claiming the international responsibility of agents of the State of Argentina (“the State”) for the illegal detention, incommunicado detention, torture, and forced disappearance of Iván Eladio Torres (a Chilean citizen and resident of Argentina) in Comodoro Rivadavia, Province of Chubut. The petition also claims the denial of judicial protections and guarantees relating to the failure to adequately investigate and punish the officials allegedly responsible for the torture and disappearance of the alleged victim. 2. The petitioners assert that the claims made constitute a violation of Articles 5(1) (right to physical, mental, and moral integrity), 5(2) (prohibition of torture or cruel, inhuman, or degrading treatment), 7 (right to personal liberty, and 8(1) (fair trial) of the American Convention on Human Rights (hereinafter the “American Convention”) in relation to Article 1(1) (general obligation to respect rights). The petitioners further claim that the State is responsible for the violation of Articles I, II and XI of the InterAmerican Convention on Forced Disappearance of Persons. 3. Although the State has submitted information regarding the precautionary measures that were granted in relation to this petition, it has failed to respond to the allegations of fact presented by the petitioners concerning the detention and disappearance of Iván Torres, nor has it disputed the admissibility of this petition. 4. After analyzing the positions of the parties, and without prejudging the merits of the matter, the IACHR concludes in this report that the petition is admissible inasmuch as it meets the requirements set forth in Articles 46 and 47 of the American Convention. Therefore, the IACHR decides to notify the parties of this decision and to continue with its examination of the merits of the alleged violation of Articles 2, 4, 5, 7, 8(1), 25 and 1(1) of the American Convention, as well as Articles I, II, and XI of the Inter-American Convention on Forced Disappearance of Persons, and Articles 1, 6 and 8 of the InterAmerican Convention to Prevent and Punish Torture. II. PROCESSING BEFORE THE COMMISSION 5. Based on the petition and the additional information received on April 19, 2004, the IACHR began to process the petition registered with number N° 0960/03, in keeping with the Regulations in effect as of May 1, 2001, and forwarded the relevant portions of the petition to the State on April 22, 2004, with a period of two months to submit its observations. 6. On May 26, 2004, the State responded with a request for a one month extension, which was granted by the IACHR on June 8, 2004. On November 22, 2004, the IACHR