8
absolutely absent, in both the executive and the judicial power. Furthermore, the
representative alleged that “those who are guilty have not been detained” and he
stated that several police officers have failed to appear before the authorities due to
the lack of political willingness. Also, he explained that the existing legal problem at
domestic level with the evidence gathered by the ad hoc Commission is that Article
18 of the Argentine Constitution sets forth that no one can be tried by special
Commissions; that the ad hoc Commission made its report available to the Judicial
Power so that it "judicializes the case file", but the witnesses were never summoned
to corroborate their statements nor was the documentary evidence received by the
ad hoc Commission included in the case file. Only in 2007 was the report of the had
hoc Commission included in the criminal case file;
b)
regarding the excavations in order to find the bodies of Garrido and Baigorria,
the representative mentioned that an excavation plan was suggested, based on the
statement of a witness who claimed to know where the bodies had been placed.
Nevertheless, so far it has been impossible to find them;
c)
regarding the search and identification of the two out-of-wedlock children of
Mr. Raúl Baigorria, he informed that both them, in their capacity as representatives
of the victims and their next of kin and the next of kin of Mr. Baigorria, who were
examined, have expressed that they were not aware of the existence of those
alleged children;
d)
that other non-pecuniary integral reparation measures were necessary, such
as public apologies, the publication of the ad hoc Commission report and the
determination of the place where Garrido and Baigorria were kidnapped, and
e)
that it is necessary to have a compliance schedule of the reparations so that
the case is present in both the legal and the political agenda of the State.
8.
That the Commission expressed the following in the above mentioned private
hearing:
a)
with respect to the justice-related aspect, it acknowledged that it is a complex
case of forced disappearance and that the passing of time makes the investigations
more difficult; that, however, does not justify that truth and justice are not achieved.
It claimed that there is a delay and an evident non-fulfillment as there are no
conclusive results at this point;
b)
as to the location of the out-of-wedlock children of Mr. Baigorria, the
existence of whom is not under discussion, it is ordering the execution of concrete
actions in order to locate them. In this sense, it suggested the revision of the record
of entry of Mr. Raúl Baigorria to the Mendoza Penitentiary so as to identify the people
who had been authorized by Baigorria himself to visit him, and
c)
that it supported the proposal of the representative to set a schedule of
compliance and the need to come to an agreement on concrete issues regarding
fulfillment. Also, it suggested a new follow-up meeting and a public hearing.
9.
That the States Parties to the Convention must guarantee the compliance with the
conventional provisions and their own effects (effet utile) within the scope of their
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