8
21.
That “the prima facie standard of evidence in one case and the reliance
on presumptions when faced with a request for protection have led this [...]
Court to order measures on a number of occasions" 2; but, in order to expand
the measures, the proven situation of extreme gravity and urgency and
necessary to prevent irreparable damage must be directly linked to the events
that triggered the ordering of the provisional measures in the case at hand, so
the request must be duly grounded (supra Having Seen clause No. 3, operating
paragraph No. 5 of the Order of the Court of July 6, 2006).
22.
That, after analyzing the argument presented by the representatives, the
Court deems that there are no compelling reasons that warrant an expansion of
these provisional measures in favor of Cristian Gamín, Diego Álvarez, Luis
Alberto Alcaína and Mauricio Agüero.
23.
That, with regard to the request for expansion of measures in favor of
Iván Eladio Torres, pursuant to Considering clause No. 4 of the Order of July 6,
2006, the Court ordered that “such request [was] not admissible as the matter
is part of a case being heard by the Inter-American Commission on Human
Rights regarding his forced disappearance.”
NOW THEREFORE
THE INTER-AMERICAN COURT OF HUMAN RIGHTS
in exercise of the powers conferred upon it under Article 63(2) of the American
Convention on Human Rights and Articles 25 and 29 of the Court’s Rules of
Procedure,
DECLARES,
1.
That the provisional measures adopted through the Order of the InterAmerican Court of Human Rights of July 6, 2006 regarding Walter Mansilla
have become futile as he has died, pursuant to Considering clauses No. 10 and
11 of this Order.
AND DECIDES:
1.
To insist that the Argentinean State maintains the measures adopted and
adopts all such measures as are necessary to protect the rights to life and to
physical integrity of María Leontina Millacura Llaipén, Marcos and Valeria
Torres, Juan Pablo Caba, Gerardo Colín, Patricio Oliva, Tamara Bolívar, Miguel
Ángel Sánchez, Silvia de los Santos, Verónica Heredia, and Viviana and Sonia
Hayes, as well as of the granddaughters of María Leontina Millacura-Llaipén
(daughters of Marcos and Valeria Torres), of Mrs Marcela Torres (“the wife of
2
Cf. Matter of Adrián Meléndez-Quijano et al., Provisional Measures regarding El Salvador,
Order of March 24, 2007, Considering clause No. 9; Matter of Gloria Giralt de Garcia Prieto et al,
Provisional Measures regarding El Salvador, Order of September 26, 2006, Considering clause
No. 10, Case of 19 Tradesmen (Sandra Belinda, Montero Fuentes and next of kin, Salomón Flores
and next of kin, Luis José Pundor Quinteros and next of kin, Ana Diva Quintero Pundor and next
of kin), Provisional Measures regarding Colombia, Order of July 4, 2006, Considering clause No.
4.