Center For Human Rights and Humanitarian Law
November 18, 1978
RESOLUTION No 21/78
Case 2209 (ARGENTINA)
"On May 14, at 5:00 a.m., a heavily-armed detachment, who said they belonged to the Argentinean Army, entered the home located on the Avenue Santa Fe 2949, 3rd. Floor A, in the city of Buenos Aires. They were interested only in the address books, and after a few questions, the intruders detained Monica Maria Candelaria MIGNONE, I.D. 2466.133, 24 years old, a spinster, who lived at that address with her family, and took her away. They said they were taking her back to the First Infantry Regiment located in Palermo, inside the city limits.
"It is not known whether she is alive or dead, what was the reason for her detention or what she is accused of, if indeed there were any grounds. There is no doubt that she was detained by members of the Armed Forces. The event occurred in public, in a heavily-guarded area, and the
behavior of the people involved was correct.
"In fact, replying to the writ of habeas corpus filed with the courts, and to other written and oral request to the Ministers of the Interior, the Office of the President of the Republic, the Military
Commandants, the Federal Police, etc., the authorities deny that she was detained, although it is public and common knowledge that it did happen."
. . .
"E. Persons regarding whom steps are being taken to determine their whereabouts since the national authorities have no record of complaints regarding disappearances prior to the denunciations presented by the Inter-American Commission on Human Rights:
. . .
MIGNONE, Mónica María Candelaria."
"The reply from the Government of Argentina that you forwarded is flagrantly inaccurate.
"By the time that reply was written i.e., September 29, 1977, two denunciations had been filed; indeed, they were filed much earlier. The first, on May 15, 1976 was tiled with Federal Police Section No. 19, and it gave rise to a pseudo-investigation, before the Magistrate's Court of the First Instance (Juez de Primera Instancia de Instrucción de Turno.) There was a second in June of the same year, i.e. 1976, filed under case No. 188.248. More than ten visits were made in connection with the latter denunciation, after requests for interviews, to the above-mentioned Ministry, but the same negative response was always given. Finally, over that year and a half, eight writs of habeas corpus were filed with various Federal courts in the Federal Capital. In each case, the presiding judge requested information on MONICA MARIA CANDELARIA MIGNONE from the Ministry of the Interior, the Ministry of Defense, the Commanders-in-Chief of the Army, the Navy and the Air Force, the Federal Police, the Police of the Province of Buenos Aires, the National Gendarmerie and the Navy Prefecture. The response was also negative here.
"By virtue of the foregoing, the statement by the Argentinean Government that it has no record of complaints regarding of disappearances prior to the denunciations presented by the Inter-American Commission on Human Rights' is false.
"Moreover, this case is very well known. It has been unofficially acknowledged that given the place and the way in which it was carried out, it could only have been an operation by the Armed Forces, with support from the Police. What we no not know is the fate of MONICA MARIA CANDELARIA MIGNONE, since neither the Argentine Government nor the Armed Forces make a report when they kill prisoners, nor do they hand over their bodies; nor do they specify the place of detention whenever they put them in jail."
"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."
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,