4.
Legal notice of the application was provided to the representatives of the alleged
victims and to the State of Argentina on July 5, 2010.
5.
On September 19, 2010, Mrs. Verónica Heredia and Mrs. Silvia de los Santos,
from AMICIS, Clínica Jurídica and Social Patagónica [AMICIS, Legal and Social Clinic of
the Patagonia], the organization representing the alleged victims, filed a brief of
pleadings, motions, and evidence (hereinafter, “brief of pleadings and motions”), under
the terms of Article 40 of the Rules of Procedure. As of February 18, 2011, Verónica
Heredia José Raúl Heredia (hereinafter, “the representatives”) have represented the
alleged victims.2 In general, the representatives agreed substantially with the allegations
of the Commission. They also requested that the Tribunal declare violations of the rights
recognized in the following Articles: 7, 5, 3, 8, and 25 of the American Convention, in
relation to Article 1(1) thereof, and the noncompliance with the obligations established in
Articles I, II, III, and XI of the Convention on Forced Disappearance of Persons, and 1,
6, and 8 of the Convention Against Torture, to the detriment of Iván Eladio Torres
Millacura; Articles 5, 8, and 25 of the American Convention, in relation to Article 1(1) of
the Convention, and Articles 1, 6, and 8 of the Convention Against Torture, to the
detriment of María Leontina Millacura Llaipén, Fabiola Valeria Torres, Marcos Alejandro
Torres Millacura, Evelyn Paola Caba, Ivana Valeria Torres, and Romina Marcela Torres;
Articles 7, 5, 8, 25, 3, 2, 4(1), 19, and 26 of the American Convention, with regard to
Article 1(1) thereof and of “the Protocol of San Salvador,” Articles 2, 6, and 8 of the
Convention Against Torture, and III of the Convention on Forced Disappearance of
Persons, to the detriment of Iván Eladio Torres Millacura, María Leontina Millacura
Llaipén, Fabiola Valeria Torres, Marcos Alejandro Torres, Evelyn Paola Caba, Ivana
Valeria Torres, and Romina Marcela Torres, and 2, in relation to Articles 3, 5, 7, 8, and
25 of the American Convention and 1(1) thereof. Finally, the representatives requested
certain reparations and the payment of costs and expenses, and they expressed that the
alleged victims wished to access the Victims Legal Aid Fund of the Inter-American Court
of Human Rights (hereinafter the “Legal Aid Fund”).
6.
On January 28, 2011, the State filed its brief answering the application and
provided comments on the brief of pleadings and motions (hereinafter “answer to the
application”), under the terms of Article 41 of the Rules of Procedure. In that brief, the
State acknowledged its international responsibility, expressing “its willingness to accept
the conclusions contained in the Report [on the merits] passed by the [...] Commission,”
and the “legal consequences derived from it.” In this sense, it noted that it “exclusively
[acknowledged] the violations of rights established by the [...] Commission in [its] report
[on the merits].” However, the State expressly opposed the Commission’s
individualization of the victims in its application, the mention of the provisional measures
both by the Commission and the representatives, the arguments regarding specific
violations presented by them, the indication of the beneficiaries made by the
representatives, and the representatives’ requests for reparations. On August 9, 2010,
the State named Eduardo Acevedo Díaz as Head Agent and Alberto Javier Salgado and
Andrea G. Gualde as Alternate Agents.
7.
On April 6 and 11, 2011, the representative and the Commission presented,
respectively, their observations on the State’s acknowledgment of international
responsibility in this case, in keeping with Article 62 of the Rules of Procedure.
II
PROCEEDING BEFORE THE COURT
8.
Through an Order dated April 14, 2011, the President of the Court (hereinafter
2
On that date, the Tribunal was informed that the alleged victims had revoked “the authority granted to
AMICIS [...]” and therefore, to Silvia de los Santos.
5