RESOLUTION Nº 20/78
November 18, 1978
1. A letter of
April 14, 1977, denounced the detention, imprisonment and torture of Mr.
ENRIQUE RODRIGUEZ LARRETA PIERA, by a band of armed men, at 1588 Victor
Martínez Street in Buenos Aires. This occurred on the night of July
2. The claimant
attached to his letter a statement by the victim (Rodríguez Larreta
Piera) on the events denounced, and on the status of his son, ENRIQUE
RODRIGUEZ LARRETA MARTINEZ, detained in Uruguay since 1976.
3. The same letter
also denounced Mr. Rodríguez Larreta Piera's transfer from Buenos Aires
to Montevideo, his detention and subsequent release.
4. In a letter
dated September 22, 1977, the Commission transmitted the pertinent parts
of this denunciation to the Government of Argentina, attaching the
above-mentioned statement, and asking it provide the information
5. In a note of
January 9, 1978, the Government of Argentina replied to the Commission's
request for information, in the following terms, but failed to refer to
the events denounced:
Persons on whom there is no record of detention and who are the
subject of a police search by the Ministry of the Interior:
Rodríguez Larreta Piera, Enrique (Case 2155)"
6. The pertinent
parts of the Government's reply were transmitted to the claimant in a
letter of May 24, 1978, and he was invited to make observations on that
7. In a letter
dated May 24, 1978, the claimant challenged the reply from the
Government of Argentina in the following terms:
me to tell you that I am still amazed at the reply from the Argentine
Government on the case of Enrique Rodríguez Larreta (Case 2155).
Commission has in its possession the dossier prepared by this office on
the statements made to the international press by Mr. Rodríguez
Larreta. Articles were published in Le Monde, The Manchester Guardian,
Time Magazine, The London Times, The New York Times, The Washington
Post, etc. Mr. Rodríguez Larreta talks to the Commission of which you
are Chairman, to Willy Brandt, to the Aga Khan, but the Argentinean
Government is unaware of this and is looking for him in Argentina.
the denunciation filed by this office was not based on Mr. Rodríguez
Larreta's disappearance but rather on his imprisonment, torture,
transfer to Montevideo and subsequent release. Sixty-four Uruguayan
citizens, detained under the same circumstances, are still in Uruguay
8. In a
communication dated August 4, 1978, the Commission transmitted the
claimant's observations to the Government of Argentina, reiterating that
it should supply the pertinent reports; these have not been received as
of the present date.
a letter dated August 23, 1978, the claimant was informed of the receipt
of his observations on the Argentine Government's reply.
1. In light of the
background information given above, it is found that Mr. Enrique Rodríguez
Larreta Piera was detained and tortured by agents of the Government of
2. The Government
of Argentina failed to refer to the facts specifically denounced,
transmitted by the Commission in a note of September 22, 1977.
3. Article 51.1 of
the Regulations of the Commission provides as follows:
The occurrence of the events on which information has been
requested will be presumed to be confirmed if the Government referred to
has not supplied such information within one hundred and eighty days of
the request, provided always, that the invalidity of the events
denounced is not shown by other elements of proof."
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES:
1. In application
of Article 51.1 of the Regulations, to presume the events referred to in
the denunciation regarding the detention, imprisonment and torture of
Mr. ENRIQUE RODRIGUEZ LARRETA PIERA in Argentina, and his transfer from
that country to Uruguay to be true.
2. To observe to
the Government of Argentina that such acts constitute very serious
violations of the right to liberty and personal security (Article I),
and of the right to protection from arbitrary arrest (Article XXV) of
the American Declaration of the Rights and Duties of Man.
3. To recommend to
the Government of Argentina: a. that it order a complete, impartial
investigation to determine responsibility for the events denounced; b.
that it punish those responsible for such acts in accordance with
Argentine law, and c. that it inform the Commission, within a maximum of
thirty days, as to the measures taken to put into practice the
recommendations set forth in the present Resolution.
4. To communicate
this Resolution to the Government of Argentina and to the claimant.
5. To include this resolution in the Annual Report to the General Assembly of the Organization of American States, pursuant: to Article 9 (bis), paragraph c.iii of the Statute of the Commission.