ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF JANUARY 19, 1994
PROVISIONAL MEASURES REQUESTED BY THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
IN THE MATTER OF THE REPUBLIC OF ARGENTINA
REGGIARDO TOLOSA CASE
The Inter-American Court of Human Rights, composed of the following judges:
Sonia Picado-Sotela, President
Héctor Fix-Zamudio, Judge
Alejandro Montiel-Argüello, Judge
Hernán Salgado-Pesantes, Judge
Asdrúbal Aguiar-Aranguren, Judge;
also present:
Manuel E. Ventura-Robles, Secretary
Ana María Reina, Deputy Secretary
issues the following order:
1.
On November 8, 1993, the Inter-American Commission on Human Rights
(hereinafter "the Commission") sent the Inter-American Court of Human Rights
(hereinafter "the Court") a resolution adopted the previous month with regard to
Case Nº 10.959 involving Argentina, in which it requested "provisional measures
relating to the mental integrity of minors Gonzalo Xavier and Matías Angel . . ."
whose true last names are Reggiardo-Tolosa. According to the Commission, the
minors in question were born in April 1977 during the captivity of their mother and
were immediately seized and later registered as the children of Samuel Miara, a
former assistant police inspector of the Federal Police, and his wife, Beatriz Alicia
Castillo. The minors are aware that the Miara couple are not their real parents and
the Commission is therefore requesting the Court, in application of Article 63(2) of
the American Convention on Human Rights, to "require the Government of Argentina
to order the immediate transfer of the minor children to ensure that they be placed
under temporary custody in a substitute location and be provided adequate
psychological treatment until such time as the matter of their delivery to their
legitimate family is settled."
2.
The President of the Court, Judge Rafael Nieto-Navia, recused himself from
hearing this request for provisional measures on the grounds that he is a "member
and President of the Argentina-Chilean Arbitral Tribunal to delimit the boundary
between Milestone 62 and Mount Fitz Roy." Consequently, the Presidency has been
assumed by Judge Sonia Picado-Sotela, Vice-President of the Court.
3.
The President of the Court (hereinafter "the President"), exercising the
authority conferred on her by Article 24(4) of the Rules of Procedure of the Court,