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16.
That in its submission of September 6, 2007 (supra Having Seen clause
No. 8), the Commission reported that it is “examining the merits” of the case
at hand. As a result of the foregoing, this Court considers that the analysis of
the effectiveness of the investigations and proceedings concerning the events
that triggered these provisional measures, should be comprised in the
examination of the merits of the case by the Inter-American Commission1
(supra Having Seen Clause No. 8).
*
* *
17.
That the Court required the representatives to state the grounds for
their request for expansion of provisional measures in favor of Miguel Ángel
Gallardo. Furthermore, the Court informed the representatives that, in the
event they considered that Luis Alberto Alcaína, Diego Álvarez, Mauricio Agüero
and Christian Gamín should be protected by provisional measures, they could
submit such request with the appropriate grounds (supra, Having Seen Clause
No. 3, operating paragraph No. 5 of the Order of July 6, 2006).
18.
That in their submission of July 28, 2006, the representatives replied to
the Court’s requirement and stated that they lack adequate information to
justify the expansion of the measures in favor of Luis Alberto Alcaína. The
representatives informed that Diego Álvarez expressly stated that he needed
no protection for the time being.
19.
That in their comments of June 14, 2007, the representatives requested
the expansion of measures in favour of Iván Eladio Torres, Cristian Gamín,
Miguel Antonio Gallardo and Mauricio Agüero. They also stated that Cristian
Gamín “is afraid of the police […] all the more so since Ivàn [Eladio Torres]’s
disappearance.” They further stated that Cristian Gamín was aware that Walter
Mansilla had been threatened with death. As regards Miguel Ángel Gallardo, the
representatives stated that “the Chubut Province Police is trying to blame him
for the disappearance of Iván Eladio Torres.” They also pointed out that
“Miguel Ángel [Gallardo] is currently detained at the Police Station […] of the
city of Comodoro Rivadavia.” The representatives informed that on July 5,
2006 Mauricio Agüero was released from prison, and they have not been able
to contact him since. The representatives submitted a writing drawn up by a
number of people who were detained at the Police Station No. 1, including
Mauricio Agüero, describing situations of violent repression in the premises
after the escape of some prisoners.
20.
That in its report of July 27, 2007, (supra Having Seen clause No. 6) the
State expressed that, with regard to the request for expansion of provisional
measures, “the State does not see the grounds stated by the attorneys in
requesting them, as their submission fails to state a situation of clear risk, but
they merely gave general and imprecise references.”
Cf. Matter of Monagas Judicial Confinement Center (“La Pica”). Provisional Measures regarding Venezuela,
Order of July 3, 2007, Considering clause No. 23.
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