64.
Also, the State acknowledged that in "September" of 2003, Mr. Torres Millacura
was detained by Comodoro Rivadavia police and taken to a place known as “Km. 8,”
when he was supposedly subjected to “an execution by firing squad.”
A.4.
Detention and subsequent disappearance of Mr. Torres Millacura as of
October 3, 2003.
65.
Finally, the State acknowledged that on October 2, 2003, near midnight, Mr.
Torres Millacura was with two friends in Bitto Plaza in Comodoro Rivadavia. His friends
entered an ice cream shop and from there they saw patrol car 469 with three police
officers inside pass close by Mr. Torres Millacura. Several minutes later, when they
returned to the Plaza, they did not find Mr. Torres Millacura. Since then, they did not see
him again.44
66.
Mr. Torres Millacura was seen on October 3, 2003, in the Comodoro Rivadavia
First Precinct by Mr. David Hayes who, in a letter sent to Mrs. María Leontina Millacura
Llaipén, stated that during the early morning hours he saw through a bathroom window
how several police officers beat Mr. Torres Millacura. He saw him faint and how they
“dragged” him to stairway leading to the regional unit.45 Miguel Ángel Sánchez, who at
first refused to testify because he was “threatened,” was also there that same day.46
However, in testimony given before a notary public (supra para. 39), he stated, in
keeping with the testimony of David Hayes, that Iván Eladio Torres Millacura was beaten
and "dragged" from the police station. 47 This was the last day on which the whereabouts
of Mr. Torres Millacura were known.
67.
Consequently, the State acknowledged that Mr. Torres Millacura was "the victim
of an enforced disappearance at the hands of State agents.”
B.
Considerations of the Court.
B.1. Illegality and arbitrariness of the detentions of Mr. Torres Millacura in
September 2003.
68.
The Tribunal finds it pertinent to indicate, as a preliminary issue, that the InterAmerican Commission's application made its pleadings in this section based on Article
10, subparagraph b), of Law 815 of the Province of Chubut. On this point, the Court
finds it necessary to clarify that, according to the information requested from the parties
while processing this case (supra para. 15), the provision cited by the Inter-American
Commission was not in force at the time of the facts. Indeed, the Commission cited a
version of the aforementioned Law 815 dated October 13, 1970, and sent this version to
Administrative Preliminary Investigation Area of the Regional Unit of the Comodoro Rivadavia Police, March 23,
2004 (case file of annexes to the final written arguments of the State, folio 25684).
44
Cf. Testimony of Gerardo Atilio Colin rendered before Examining Judge no. 2 on October 23, 2003
(case file of annexes to the application, tome X, folio 7273), and Testimony of Luis Patricio Oliva rendered
before Examining Judge no. 2 on October 23, 2003 (case file of annexes to the application, tome X, folio
7277).
45
Cf. Letter written by David Hayes (case file of annexes to the application, tome I, folio 448).
46
Cf. Testimony of Miguel Ángel Sánchez rendered before Examining Judge no. 2 on November 27, 2003
(case file of annexes to the application, tome X, folio 7509 to 7511), and Testimony of Miguel Ángel Sánchez
rendered before the Subrogant Examining Judge No. 2 on January 28, 2004 (case file of annexes to the
application, tome X, folios 7933 to 7935).
47
Cf. Testimony rendered before the notary public by Miguel Ángel Sánchez, of May 5, 2011 (case file on
the merits, tome II, folios 1159 to 1161).
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