RESOLUTION No. l/83

CASES OF DISAPPEARED PERSONS IN ARGENTINA

April 8, l983


CONSIDERING:

  1. That since l976, the Inter-American Commission on Human Rights has received a large number of complaints alleging that many persons have been the objects of apprehensions in their residences, places of work, or in public places, by armed personnel, at times in uniform, who usually say that they belong to some branch of public authority, through operations that are significant and coordinated in both deployment and manner of execution. Following the events described, the persons apprehended have disappeared without any word of their whereabouts.

  2. That the Commission has opened individual cases for the petitions presented, and has transmitted to the Government of Argentina the pertinent documents and requested it to furnish prompt information in accordance with regulatory provisions.

  3. That the Commission believes that the cases presented to the Argentine Government fit the description given in the preceding paragraph.

  4. That in each of the cases included in this resolution, the Argentine Government has furnished insufficient or unsatisfactory information that does not clarify the whereabouts of disappeared persons.

  5. That, during its on-site observation visit to the Republic of Argentina from September 6 to 20, l979, the Inter-American Commission on Human Rights took special interest in exhausting all possibilities to determine exactly the truth of the present status of the disappeared persons.

  6. That the Commission has reached the painful conclusion that the great majority of the disappeared persons have died of causes that it is unable to specify but which, in any event, entail a grave responsibility for those who captured or detained them.

TAKING NOTE:

Of communication SG 120 (7.12.17/7.2.Q) of April 7, l983, in which the Government of Argentina informs:

  1. that investigations of the charges and attempts to clarify the facts have continued, and any excesses that have been proven have been punished;

  2. that different levels of the Judicial Branch have handed down rulings and are currently hearing cases in connection with the discovery of unmarked common graves in different cemeteries of Buenos Aires and its surroundings, and that it is the intention of the Argentine Government to inform the Commission of the rulings in these individual cases;

  3. that the Argentine Government intends to keep the Commission informed on the development of this situation;


THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS


RESOLVES:

  1. To declare that it is the responsability of the Argentine Government to take all the necessary measures to clarify and resolve the problem of disappeared persons.

  2. To recommend to the Government of Argentina:
    1. That it inform the family members in full detail of the status of the disappeared persons, who, it shall be understood, are those who have been apprehended in operations which, because of the conditions in which they were carried out and because of their characteristics, make it necessary to assume that public law enforcement agencies have participated in them;
    2. That it keep the Commission informed of measures adopted to put into practice the recommendation contained in this resolution.

  3. To communicate the present resolution to the Government of Argentina and to the petitioners.

  4. To include this resolution in its Annual Report to the General Assembly of the Organization of American States, pursuant to the terms of Article 50 (4) of the Regulations of the Commission, and, notwithstanding the same, the Commission reserves the right to reconsider this resolution at its next session in the light of any measures that the Government of Argentina may take.