6
Security of the Province of Mendoza, so as to make the compensation to which they
were entitled as beneficiaries effective; attempts were made to find the whereabouts
of the alleged mother of one of them, Ms. Juana Carmen Gibbs Alvarez, through the
search in the last domiciles recorded in public offices and registries; nonetheless, it
was not possible to contact her; also, an active agent of the prevention guard of the
Ministry of Justice and Security interviewed Mr. Ricardo Baigorria Balmaceda, brother
of the victim, at his domicile, and elaborated a record in which Ricardo stated that
his brother “... never had a child and that he used to say so in order to have access
to the exits benefit of the penitentiary.” Furthermore, the State added that the
existence of those children was never proved, and pointed out that there are not
sufficient elements to even assume the existence of such children born out of
wedlock, and considered that they do not exist. However, it accepted that there are
still indirect search possibilities, for instance, through electoral and migration
records. Finally, regarding the deposit of the compensatory amount corresponding to
the alleged children of Mr. Baigorria granted as reparations, the same was deposited
on July 28, 1999 in the Banco de la Nación Argentina, branch Ejército de los Andes,
in account no. 62802492/09, in the name of the Tesorería General de la Provincia de
Mendoza (General Treasury Office of the Province of Mendoza);
b)
regarding the obligation to investigate the facts which led to the
disappearance of Mr. Adolfo Garrido and Mr. Raúl Baigorria and prosecute and punish
the perpetrators, abettors, accessories after the fact and all those who would have
taken part in the facts:
i. the Supreme Court of Justice of Mendoza, through Administrative Provision No.
14342, created an ad hoc Investigation Commission in order to carry out said
investigation which, after several months, submitted a final report that was
later published with divulging purposes and was presented in an official and
public ceremony. As a consequence of the investigations of the ad hoc
Commission, proceedings through an Impeachment Jury were instituted
against the judge in charge of the investigation of the disappearance of
Garrido and Baigorria, who was removed form his office due to the
irregularities of the proceeding. Furthermore, it informed that "all police
personnel allegedly involved in the facts had been removed from the police
force;"
ii. in July and on August 11, 2000, two excavations were made, one in the
neighborhood called “La Favorita” and the other in the Papagayos circuit, by
virtue of information given by the next of kin of one of the victims and by a
witness of another proceeding who claimed to know where the bodies of Mr.
Garrido and Mr. Baigorria had been buried, but there were no positive results.
On October 2, 2002, by means of Provision No. 1329, the Ministry of Justice
and Security of the province offered a $5,000 reward to anybody providing
precise information in order to determine the whereabouts of said citizens or
their remains, as well as the individualization of the perpetrators, abettors or
accessories after the fact. As a consequence of the reward offer, in November
2002, a witness of protected identity gave testimony and provided information
of several holes where the bodies would allegedly be found. However, the
excavations did not yield any results. The reward amount was recently
increased to $50,000, fact which has been published in graphic means of
communication. Furthermore, he added that some of the holes are oil
excavations of hundreds of meters where just one body can be placed and as
they are of difficult and very expensive access, the provincial authorities are
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