4
As regards the duty to adopt the measures needed to protect the rights to life
and physical integrity of María Leontina Millacura-Llaipén's granddaughters, of
Ms Marcela, of Alberto and Noelia Hayes, and of Luis Alberto Fajardo (operating
paragraph No. 2 of the Order of July 6, 2006), the State pointed out that it
would submit consult the competent authorities of the Home Department about
the possibility to committing a Naval Police guard to protect María Leontina
Millacura-Llaipén's granddaughters, escorting them on their way to and back
from school. In addition, it stated that the residences of the Torres and Hayes
are being guarded by Argentine Naval Police officers.
5. That the representatives reported that the beneficiaries of these measures
continue to receive threats and other types of intimidations; that Juan Pablo
Caba, Miguel Antonio Gallardo and Luis Alberto Alcaina continue to suffer
repressive acts in the prisons where they are kept and that their living
conditions in jail get worse and worse; and that Walter Mansilla, beneficiary of
these measures, died on May 24, 2007 (infra Considering clause No. 10). The
representatives stated that some of the beneficiaries, including María Millacura,
do not feel that the custody provided by the State is adequate, as “the guards
[have been] found at times talking with the very policemen who [have been]
reported [to be responsible for Iván's disappearance].”
The representatives have stated their dissatisfaction with the prerequisites
argued by the State for providing adequate protection for Tamara Bolívar,
Patricio Oliva and Gerardo Colín (supra Considering clause No 4), according to
which a court order is needed for the above-mentioned beneficiaries to be
incorporated into the special witness protection program. The representatives
pointed out “that the Court’s decisions are effective for the Argentinean State.”
However, they stated that they "expressly required judicial protection on
December 29, 2004.”
6.
The Inter-American Commission, in its brief of November 21, 2006,
stated that “the information available reflects the adoption of positive
measures in connection with three specific issues related to these provisional
measures, namely: the transfer of Miguel Ángel Sánchez, the previous adoption
of other measures necessary for installing a closed circuit TV system in the
local Penitentiary, and the issuance of an instruction to exclude local police
agents from maintaining unnecessary contact with the beneficiaries.”
Notwithstanding the foregoing, the Commission stated that the information
available both from the State and from the representatives reflects a lack of
progress and concrete measures with regard to the other aspects of protection
ordered by the Court with the aim to protect the life and physical integrity of
the beneficiaries. Therefore, it requested the Court to require the State to
submit a detailed account of the actual protection measures adopted and
ongoing. In addition, the Commission stated that the provisional measures
ordered by the Court call for immediate and compulsory implementation, so
“the States have the duty to implement them and may not require the
beneficiaries to take any further action.”
7.
That according to the information submitted by the parties, the State
has adopted a number of protection measures in consultation with the
representatives and the beneficiaries, and has stated its willingness to
implement other appropriate measures to protect the beneficiaries’ rights to
life and physical integrity, Pursuant to the provisions in operating paragraphs