its failure to comply with the obligations enshrined in Article I.b) of the Inter-Amercan
Convention on Forced Disappearance of Persons, and Articles 1, 6, and 8 of the InterAmerican Convention Against Torture, to the detriment of María Leontina Millacura
Llaipén, Fabiola Valeria and Marcos Alejandro Torres Millacura, in the terms of paragraph
138 of this Judgment.
6.
The State is responsible for the violation of the right to humane treatment
[personal integrity] established in Articles 5(1) and 5(2) of the American Convention on
Human Rights, in relation to Article 1(1) of thereof, to the detriment of María Leontina
Millacura Llaipén, Fabiola Valeria Torres, and Marcos Alejandro Torres Millacura, in the
terms of clauses 144 of this Judgment.
7.
Issuing a ruling on the alleged failure to comply with the obligation established in
Article 2 of the American Convention on Human Rights with regard to Articles 3, 4, 5, 7,
8(1), 25, and 1(1) of the Convention is not appropriate, nor is issuing a ruling on the
provisions of Article III of the Inter-American Convention on Forced Disappearance of
Persons, with regard to the alleged lack of definition of the crime of enforced
disappearance of persons, in keeping with paragraphs 148 to 151 of this Judgment.
8.
Issuing a ruling on the alleged autonomous violation of Article 1(1) of the
American Convention on Human Rights in relation to Articles 5, 7, 8, and 25 of the
Convention is not appropriate, nor is it appropriate with regard to the arguments of the
Commission on the State’s alleged failure to comply on the federal level by adopting the
measures necessary for Province of Chubut to investigate what happened to Iván Eladio
Torres Millacura, in the terms of paragraph 155 of the Judgment.
AND ORDERS:
Unanimously, that:
1.
This Judgment is in and of itself a form of reparation.
2.
The State shall initiate, direct, and complete the necessary investigations and
proceedings within a reasonable period of time toward establishing the truth of the facts,
as well as toward identifying and, where applicable, punishing all those responsible for
what happened to Iván Eladio Torres Millacura, in the terms of paragraphs 164 to 168 of
this Judgment.
3.
The State shall continue an effective search for the whereabouts of Mr. Iván
Eladio Torres Millacura, in the terms of paragraphs 166 of this Ruling.
4.
The State must implement a permanent and obligatory program or course on
human rights directed toward all levels of the Chubut provincial police hierarchy, in the
terms of paragraph 173 of this Ruling.
5.
The State shall pay, within one year, the amounts set in clauses 184 to 186, 192
and 200 of this Judgment for compensation of pecuniary and non-pecuniary damages
and for the reimbursement of the corresponding costs and expenses, according to the
terms of paragraphs 184 to 187, 191 to 192, 197 to 200, and 206 to 212 of the
Judgment.
6.
The State must reimburse the Victim’s Legal Aid Fund of the Inter-American Court
of Human Rights, the sum spent during the processing of this case, in the terms
established in paragraphs 201 to 203 of this Ruling.
61
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