2 1. This case was submitted to the Inter-American Court of Human Rights (hereinafter “the Court”) by the Commission by application dated May 29, 1995, which was accompanied by Report 26/94 of September 20, 1994. It originates in a complaint (No. 11.009) against Argentina which the Commission received on April 29, 1992. 2. In its application, the Commission requested the following: 1. In accordance with the reasoning set forth in the present application, the Commission requests that the Honorable Court, having received ten copies of this application with its respective attachments, and based on the requirements set forth in Article 61 of the Convention and Articles 26 and 28 of the Rules of Procedure of the Court, admit the present application, transmit it to the Illustrious Government of Argentina and in due time render a judgment declaring: i. That the Argentine Government is responsible for the disappearances of Raúl Baigorria and Adolfo Garrido and that, as a consequence, violations of Articles 4 (right to life); 5 (right to respect for physical, mental, and moral integrity); and 7 (right to personal liberty), all in relation to Article 1(1) of the Convention, are imputed to the Government. ii. That the Argentine State has violated the right of the victims and of their families to a fair trial. In particular, it has violated the right to a judicial hearing within a reasonable time as recognized by Article 8(1) of the Convention, as well as the right to simple and prompt judicial recourse for protection against acts that violate fundamental rights as provided for in Article 25 of the Convention, both read in relation to Article 1(1) of the Convention. iii. That the Argentine State as a consequence of the violation of the rights protected by Articles 4, 5, 7, 8, and 25, has also violated Article 1(1) of the Convention, in relation to the obligation to respect the rights and freedoms recognized in the Convention, and the duty to ensure and guarantee the free and full exercise of those rights to all persons subject to the jurisdiction of the Argentine State. 2. That in accordance with the statements of Point 1 of this petition, the Court order the Argentine State to make full reparations to the family of the victims for the grave material and moral injury caused, and, as a consequence, rule that the Argentine State: i. Undertake a rapid, impartial, and exhaustive investigation into the facts complained of for the purpose of determining the whereabouts of Baigorria and Garrido and establishing the responsibility of the persons who are directly or indirectly involved, so that they receive the legal sanctions due them. ii. Provide information on the circumstances of the detention of Baigorria and Garrido and the fate of the victims, and locate and turn over their remains to their families. iii. Grant reparations for the purpose of compensating the families of the victims for the material and moral injuries 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 this proceeding, 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. 3. The Inter-American Commission named Michael Reisman as its Delegate; David Padilla and Isabel Ricupero as Attorneys; and as Assistants, Juan Méndez, José Miguel Vivanco, Viviana Krsticevic, Ariel Dulitzky, Martín Abregú, Diego Lavado, and Carlos Varela Alvarez. Isabel Ricupero was subsequently replaced by Mario López-Garelli. 4. On June 12, 1995, after the President of the Court (hereinafter “the President”) made the preliminary review of the application, the Secretariat of the Court (hereinafter “the

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