Commission, October 4, 1983
BACKGROUND:
1. During the on-site observation that the Inter-American Commission on Human Rights held in September 1979 in the Republic of Argentina received the following complaint:
BLAS PATRICK TENDER, a law student at the Universidad Nacional de la Plata, was arrested by the army on May 15, 1976. He stayed in prison without resistance had filed charges against him. While
prisoner was killed in the town of Margarita Belén, Chaco Resistencia, on the morning of December 13, 1976. The fact was disguised as a clash. That was in the papers and would have occurred to be transferred for reasons of prison security strength of Formosa. A truly absurd because the jail of Resistance is one of the safest in the country and of Formosa no warranty. There came the name of any the dead but it was later revealed that the only dead were all arrested.
After his arrest had been made a démarche to the Ministry of Interior. Eight days after the army had killed the Ministry dated 21.12.1976 replied that he was by executive decree No. 2137 of 09.22.1976. The family was aware of death and to his energetic requirements were given the corpse.
2. The Commission by letter of February 25, 1980, forwarded the relevant parts to the Government of Argentina requested that it provide relevant information.
3. Held by the Commission note DGAPI "DEPS 6226" from December 21, 1976, signed by Captain Carlos Rodolfo Doglioli in which states that Mr. PATRICK TENDER BLAS was available to government authorities.
4. Held by the Commission information concerning the circumstances of the death of Mr. Tierno especially where ground that was killed at dawn on December 13, 1976. Also, as seen by the exhumation of the body, Mr. Loving was buried completely naked and his body was covered with mud.
5. By note of January 18, 1983, the Commission reiterated the Government of Argentina's request for information, noting that not received within a reasonable time, the Commission would consider the possible application of Article 39 of the Rules of the Commission. To date, the Argentine government has not responded to the request of the Commission.
WHEREAS
1. To date, the Government of Argentina has not responded to requests for information made by the Commission in relation to this case;
2. Article 39 of the Rules of the Commission states:
Article 39 (Presumption)
The facts were reported in the petition whose pertinent parts have been transmitted to the State Government concerned if the maximum period set by the Commission in accordance with Article 31, paragraph 5, the government has not provided the information for as long as other evidence does not lead to a different conclusion.
3. At the time of his death Mr. Patrick Blas Tierno was available to Argentine authorities in a maximum security agency.
AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES
:
1. Presume the facts alleged in the communication of September 1979 concerning the irregular circumstances of the death of Mr. Blas Patrick Tierno.
2. Declaring that the Government of Argentina violated the right to life, liberty, security and integrity of the person (Article I) of the American Declaration of the Rights and Duties of Man.
3. Recommend to the Government of Argentina: a) to investigate the allegations, b) if to punish those responsible, and c) to communicate to the Commission's decision to take on the matter within 60 days and in particular on measures taken to implement the recommendations contained in this resolution.
4. Communicate this resolution to the Government of Argentina and the complainants.
5. To include this resolution in the Annual Report to the General Assembly of the Organization of American States in accordance with Article 9 (bis) paragraph c) of the Regulations of the Commission, without prejudice to the Commission at its next session in the light of measures taken by the Government to reconsider the case.
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