C.2) Request to broaden the measures to the benefit of Saúl Soto and Daniel
Cárcamo.
39.
In their brief dated March 9, 2010, the representatives requested that these
provisional measures be broadened to the benefit of Saúl Soto and Daniel Cárcamo,
police officials who supposedly stated on the radio that Iván Eladio Torres Millacura
was alive. The representatives indicated that "to date, [they] had not had personal
contact with these individuals, but what they have said and what they may know […]
have put their lives at serious risk.”
40.
The State and the Commission did not specifically address this request.
41.
As regards Mr. Soto and Mr. Cárcamo, the representatives did not provide an
adequate basis for the prima facie existence of a situation of extreme gravity and
urgency in which it would be necessary to prevent irreparable damage and that also is
directly related with the facts on which the granting of provisional measures in this
case was based.24 Therefore, the Court dismisses the request to broaden the
provisional measures to the benefit of Saúl Soto and Daniel Cárcamo.
C.3) Request to broaden the measures to the benefit of Luis Bolívar.
42.
In briefs dated November 12, 2010, and February 18 and April 15, 2011, the
representatives requested the broadening of these provisional measures to the benefit
of Mr. Luis Bolivar. They argued that he was supposedly arrested on November 9,
2010 "by police personnel of the First Police Precinct," who supposedly "beat him,
[threw] water over his body, and [… applied] an electric current with ‘a cattle prod’ to
his chest, […] torso, […] arms and […] back. When he complained and said […] that he
was a witness in the case of Iván Torres […, warning that he would tell Ms. Millacura
Llaipén what was happening, supposedly] police officer Cocha [...] came out [...] and
hit him in the face […]." According to the representatives, the following day he was
released. While he was in the First Precinct, Mr. Bolívar saw a picture of Iván Eladio
Torres Millacura. A police officer hid the photo when he realized that Mr. Bolívar had
seen it. In addition, the representative stated that Mr. Bolívar “testified before the
Investigation Unit in 2004 and later before federal judge Eva Parcio in 2007 that he
had been arrested several times by police officials, on several occasions together with
Iván [Eladio Torres Millacura].”
43.
The State did not make any specific reference to the representatives’ request.
For its part, the Commission indicated that the facts described by the representatives
"and the request submitted with regard to Luis Alberto Bolívar deserved to be included
in the instant provisional measures."
44.
The facts described by the representatives meet the requirements of extreme
gravity in that they could irreparably affect the rights to personal integrity and life of
Luis Alberto Bolivar; nevertheless, this Court does not have sufficient evidence to
verify whether Mr. Bolivar's situation is urgent, given that it has not received recent
24
Cf. Matter of Millacura Llaipén et al. Provisional Measures regarding Argentina, supra footnote 15,
Considering 8.
13