4
iii.
Grant reparations for the purpose of compensating the families of the victimes
for the material and moral injury suffered.
iv.
Order any other measures which the Court considers appropriate to remedy the
injury caused by the disappearance of Baigorria and Garrido.
3.
Order the Argentine State to pay the costs of these proceedings, including the
honoraria of the professionals who have served as representatives of the victims both in
their efforts before the Commission and in the proceedings before the Court.
II
RECOGNITION OF RESPONSIBILITY BY ARGENTINA
16.
On September 11, 1995, Argentina admitted the facts that the Commission
had set forth in section II of its application, summarized in paragraphs 2 through 13
of this judgment. It also accepted the legal consequences resulting from the facts in
question. Moreover, at a February 1, 1996 hearing, the State fully acknowledged its
international responsibility in the instant case.
17.
In view of Argentina’s acquiescence and the statements made by the parties
at that February 1, 1996 hearing, the following day the Court handed down a
judgment whose operative part was as follows:
1.
To take note of the acceptance made by Argentina of the acts stated in the
application.
2.
To take note as well of Argentina’s acceptance of international responsibility for
those acts.
3.
To grant the parties a period of six months from the date of the present
judgment to reach an agreement on reparations and compensation.
4.
To reserve the authority to examine and approve that agreement and, in the
event that the parties do not agree, to continue the proceedings on reparations and
compensation.
III
NEGOTIATIONS FOR AN AGREEMENT TO
SETTLE THE CASE
18.
After some months of negotiations, the Province of Mendoza and the
representatives of the victims arrived at a "reparations" agreement, embodied in a
document signed on May 13, 1996. Under the terms of the agreement, an arbitral
tribunal was to be formed to determine the "amount of the indemnity" to be paid to
the victims’ families, and an ad hoc commission was to be created to conduct an
inquiry into the events surrounding the victims’ forced disappearance.
It is
important to note that the police officers who took part in the forced disappearance
of Mr. Garrido and Mr. Baigorria were members of the Mendoza Provincial Police
Force.
19.
The members of the arbitral tribunal were to be appointed according to the
procedures in force in the Province of Mendoza. Once the tribunal was constituted,
the representative of the victims and the Government of Mendoza could present
memorials containing their pleadings and arguments.
The agreement further
stipulated that if no procedural rules were agreed upon, the provisions of the