I
INTRODUCTION TO THE CASE AND PURPOSE OF THE DISPUTE
1.
On April 18, 2010, the Inter-American Commission on Human Rights (hereinafter
“the Commission” or “the Inter-American Commission”) filed an application against the
Republic of Argentina (hereinafter “the State” or “Argentina”) before the Court in case
12.533, in keeping with Articles 51 and 61 of the Convention. The initial petition was
presented before the Commission on November 14, 2003, by María Leontina Millacura
Llaipén and the Asociación Grupo-Pro Derechos de los Niños [Association for the Rights
of the Children]. On October 13, 2005, the Commission issued its Report on Admissibility
No. 69/05. Later, on October 28, 2009, it approved the Report on the Merits 114/09
under the terms of Articles 50 of the Convention. In that report, the Commission found
the State internationally responsible and established several recommendations. Legal
notice of that report was served upon the State on November 18, 2009, and it was given
two months to report on the measures taken to comply with the Commission’s
recommendations. After two deadline extensions, the presentation of a report on the
status of the State’s compliance with the recommendations, the “lack of substantive
progress toward effective compliance with the recommendations,” and the wish
expressed by the petitioners that the case be brought before the Inter-American Court,
on April 18, 2010, the Commission decided to submit the case to the Tribunal’s
jurisdiction. The Commission designated Mrs. Luz Patricia Mejía, Commissioner, and Mr.
Santiago A. Cantón, Executive Secretary, as Delegates, with Mrs. Elizabeth Abi-Mershed,
Deputy Executive Secretary, and María Claudia Pulido, Paulina Corominas, Karla I.
Quintana Osuna, attorneys with the Executive Secretariat, as legal advisors.
2.
The application is related to the alleged “arbitrary detention, torture, and
enforced disappearance of Iván Eladio Torres [Millacura]1, which took place starting on
October 3, 2003, in the City of Comodoro Rivadavia, Province of Chubut, and the
subsequent lack of due diligence in the investigation of the facts, as well as the denial of
justice to the detriment of the victim’s family members.”
3.
The Commission requested that the Court rule that the State of Argentina is
responsible for violations of Articles 7 (Right to Personal Liberty), 5 (Right to Humane
Treatment [Personal Integrity]), 4 (Right to Life), 3 (Right to Recognition of Juridical
Personality), 8 (Right to a Fair Trial [Judicial Guarantees]), and 25 (Right to Judicial
Protection) of the American Convention on Human Rights (hereinafter “Convention” or
“American Convention”), all with regard to Article 1(1) of the American Convention
(Obligation to Respect Rights), as well as the noncompliance of the obligations
established in Articles I and IX of the Inter-American Convention on Forced
Disappearance of Persons (hereinafter “Convention on Forced Disappearance), and
Articles 1, 6, and 8 of the Inter-American Convention to Prevent and Punish Torture
(hereinafter “Convention Against Torture”), all to the detriment of Iván Eladio Torres.
Likewise, the Commission requested that the Court declare a violation of Articles 5
(Right to Humane Treatment [Personal Integrity]), 8 Right to a Fair Trial [Judicial
Guarantees]), and 25 (Right to Judicial Protection) of the American Convention, with
regard to Article 1(1) of the Convention (Obligation to Respect Rights), to the detriment
of the family members of Iván Eladio Torres. In addition, the Commission alleged that
the State failed to comply with its obligation to adapt domestic law to the Convention
according to Article 2 of the Convention, with regard to Articles 3, 4, 5, 7, 8(1), 25, and
1(1) thereof. Finally, it requested the payment of certain reparations, as well as the
payment of costs and expenses for the case’s domestic and international litigation.
1
In the birth certificate of Mr. Iván Eladio Torres Millacura that was submitted to the file of the present
case, it is evident that it was registered under the last names “Torres Millacura” (Case file of annexes to the
application, tome X, folio 7315).
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