RESOLUTION Nº 22/78
1. The following
denunciation was received by the Commission on April 1, 1977:
San Vicente, 22 years old, resident at Hudson Street 849, Villa Maipú,
Province of Buenos Aires, was arrested on April 29, 1976. On that day,
San Vicente was going to work at Maipú 42, Buenos Aires, where he
remained for the full day of work. That night he did not return home. On
May 1, a search and seizure operation was effected by persons who stated
that they belonged to the federal Police; at that time the alleged
police officers told the members of his family that Jorge San Vicente
was detained in the 'Narcotics Section' of the police station. However,
during the next six months, successive writs of habeas corpus,
letters addressed to the government, military authorities, and other
endeavors to locate him, all ended unsuccessfully."
2. In a note dated
July 14, 1977, the Commission transmitted the pertinent parts of the
denunciation to the Government of Argentina, requesting that it supply
the information in question.
3. The Government
of Argentina, in a note dated September 29, 1977, replied as follows to
the Commission's request for information:
Persons for whom there are no previous records of detention and who are
the subject of a police search by the Ministry of The Interior:
San Vicente, Jorge."
4. The pertinent
parts of the Government's reply were transmitted to the claimant in a
letter dated October 20, 1977, and he was invited to give his
observations on the reply.
5. In a letter of
November 10, 1977, one of the claimants replied to the Commission,
forwarding copies of various notes sent to the government authorities
and of the replies received.
6. The Commission
is in possession of a photocopy of the Decree of September 11, 1976,
issued by the First Army Corps Command and supplied by the claimant,
which states as follows:
the Federal Judge of Lower Court Nº 16, Dr. Gustavo Mitchel, Secretary
José U. Martínez Sobrino.
answer to your telegram of September 6, 1976, with regard to the filing
of a writ of habeas corpus, case Nº 4649, allow me to inform you
that Jorge San Vicente has been detained at the disposition of the
Special Military Tribunal Nº 1/2.'
7. The Commission
has in its possession a photocopy of the note dated September 15, 1976
from the Command of the First Army Corps, addressed to the interested
party, that note states: "We have no information with regard to the
alleged detention of Jorge San Vicente within this Command."
8. In a
communication dated December 5, 1977, the Government of Argentina was
asked "to report on the authenticity of the decree of September 11,
1976, attached hereto, which informed Federal Judge of Lower Court Nº
16, Dr. Gustavo Mitchel, that in relation to case Nº 4649 (a writ of habeas
corpus), Mr. Jorge San Vicente was detained at the disposition of
the Special Military Tribunal."
1. To date, the
Government of Argentina has not supplied the corresponding information
on the specific facts set forth in the letter from the Commission dated
December 5, 1977;
2. Article 51.1 of
the Regulations of the Commission provides as follows:
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 180 days of the request, provided always, that
the invalidity of the events denounced is not shown by other elements of
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES:
1. In application
of Article 51.1 of the Regulations, to presume the events reported in
the above mentioned denunciation to be true.
2. To observe to
the Government of Argentina that such acts are very serious violations
of the right to liberty and personal security (Art. I); of the right to
a fair trial (Art. XVIII); of the right to protection against arbitrary
arrest (Art. XXV) and of the right to due process (Art. XXVI) of the
American Declaration of the Rights and Duties of Man.
3. To recommend to
the Government of Argentina: a. that it immediately take all measures
necessary to release Mr. Jorge San Vicente or, if pertinent and
applicable, to allow him due process of the law and ensure that the
conditions of his detention do not violate his right to human treatment
upheld in Article XXV above; b. that it punish, if pertinent, those
responsible for the acts denounced, in accordance with Argentine law,
and c. that it inform the Commission, within a maximum of 30 days, of
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 claimants.
5. To include this Resolution in the Annual Report of the Commission to the General Assembly of the Organization of American States, in accordance with Article 9 (bis), paragraph c.iii of the Statute of the Commission.