RESOLUTION Nš 27/83
October 4, 1983
1. In a
communication of September 14, 1979, the Inter-American Commission on
Human Rights received the following complaint:
receipt of a summons, Dr. JORGE ERNESTO TURK reported to the police in
the Province of Jujuy, from which time on he was held incommunicado. On
July 22, 1976, the family was informed of the result of the writ of habeas
corpus, which was that Jorge Ernesto had been transferred to Salta,
at the same time that here relatives were informed that he had never
been in that province. On July 30, the relatives were informed that
Jorge Ernesto had died on July 7, 1976. This information was conveyed
orally, without delivery of the corresponding death certificate.
2. An appeal was
presented to the Federal Court of the Province of Jujuy on July 15,
1975, as a result of which it was reported that the victim had been
transferred to the city of Salta.
3. Through a note
of April 29, 1980, the IACHR transmitted the pertinent parts to the
Government of Argentina and requested it to furnish the Commission with
the information that it considered pertinent and also with any other
element of judgment that would enable the Commission to determine
whether or not the domestic jurisdiction had been exhausted in the case.
4. In a
communication of August 1, 1981, the claimant lodging this complaint
informed the Commission that there was nothing new to report on this
case to date.
1. To date the
Government of Argentina has not replied to the request for information
contained in the Commission's note of April 29, 1980;
2. Article 39 of
the Regulations of the Commission provides as follows:
facts reported in the petition whose pertinent parts have been
transmitted to the government of the state in reference shall be
presumed to be true if, during the maximum period set by the Commission
under the provisions of Article 31 paragraph 5, the government has not
provided the pertinent information, as long as other evidence does not
lead to a different conclusion.
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES:
1. To presume the
facts reported in the communication of September 1979 to be true,
concerning the irregular circumstances of the death of Mr. Jorge Ernesto
2. To observe to
the Government of Argentina that these acts represent extremely serious
violations of the right to life, liberty, and personal security (Article
I); and the right of 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 and impartial
investigation to determine who perpetrated the acts reported; b. that it
punish those responsible for these acts, in accordance with the laws of
Argentina; and c. that it inform the Commission within a period of no
more than sixty days on the steps taken to put into practice the
recommendations set forth in this resolution.
4. To transmit
this resolution to the Government of Argentina and to 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 59 (g) of the Regulations of the Commission, without precluding the fact that the Commission may reconsider the case at its next session, in the light of the measures taken by the government.