ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS*
OF JULY 6, 2006
REQUEST FOR PROVISIONAL MEASURES SUBMITTED BY THE INTERAMERICAN COMMISSION ON HUMAN RIGHTS
REGARDING THE STATE OF ARGENTINA
IN FAVOR OF MARÍA LEONTINA MILLACURA LLAIPÉN ET AL.
HAVING SEEN:
1.
The brief of June 20, 2006, and its attachments in which the Inter-American
Commission on Human Rights (hereinafter “the Inter-American Commission” or “the
Commission”) submitted to the Inter-American Court of Human Rights (hereinafter
“the Court”), pursuant to Articles 63(2) of the American Convention on Human
Rights (hereinafter “the Convention” or “the American Convention”) and 25 of the
Rules of Procedure of the Court (hereinafter “the Rules of Procedure”), a request for
provisional measures, for the State of Argentina (hereinafter “the State” or
“Argentina”) to adopt the necessary measures to protect the life and personal
integrity of the following thirteen persons: “María Leontina Millacura Llaipén, her
children, Marcos and Valeria Torres, her son-in-law, Juan Pablo Caba; Gerardo Colín;
Patricio Oliva; Tamara Bolívar; Walter Mansilla; Silvia de los Santos; Verónica
Heredia; Miguel Ángel Sánchez, and Viviana and Sonia Hayes”.
2.
The grounds indicated by the Commission in its request for provisional
measures (supra Having seen paragraph 1), which are summarized below:
a) On November 14, 2003, Mrs. Millacura Llaipén submitted a petition to the
Commission, “registered as No. 960/03, which has been the subject of
Admissibility Report 69/05, and which is currently being processed as case
No. 12,533. The request for provisional measures has been registered [by the
Commission] as No. 6-05.” This petition contains an allegation regarding “the
international responsibility of agents of the Argentine State for the [alleged]
illegal detention, incommunicado detention, torture and forced disappearance
of her son in Comodoro Rivadavia, Chubut Province, which started on October
2, 2003 [in the First Departmental Police Station [Comisaría Seccional
Primera]].” The petition refers also to the alleged denial of judicial protection
and guarantees owing to the absence of an adequate investigation and the
punishment of the officials who allegedly tortured and disappeared Mr. Torres.
Since the investigation process was initiated, three witnesses who testified in
the case have allegedly been “murdered”;
b) On January 10, 2005, Mrs. Millacura Llaipén and the lawyers, Silvia de los
Santos and Verónica Heredia, requested the Commission to issue
*
Judges Oliver Jackman and Diego García-Sayán did not take part in the deliberation and
signature of this Order, for reasons beyond their control. Judge Jackman advised that he would be unable
to take part in the seventy-first regular session of the Court.