|
|
RESOLUTION Nº 27/78Case
2484 ARGENTINA November
18, 1978 BACKGROUND: 1. The following
denunciation was made in a communication dated October 20, 1977: "Dagmar
Ingrid HAGELIN. - Born in Buenos Aires, Argentina, on September 29,
1959. Citizenship: Swedish-Argentine. - 1. 1-26-77 - A friend of
Miss Dagmar Ingrid HAGELIN, Norma Burgos, was arrested between 5 and
6:00 p.m. on a street in Buenos Aires. The Navy had asked the Police
Unit in Morón, in the western section of Buenos Aires, to radio all the
stations in the area announcing that a military operation would be
conducted that afternoon. It was to be carried out by the Unit of the
Naval Mechanics School in Sargento Cabral Street, Nº 317, in the
Palomar area. The radio message said that the operation would be carried
out in four vehicles: 3 Foro Falcons (one white, one green and the third
pale blue) and a blue Chevrolet. The four automobiles drew up to the
address given above about 10:25 p.m. After attacking the house, the four
cars left, taking Norma Burgos away, and leaving 7 soldiers in the house
for the night. They were carrying submachineguns and were wearing
bullet-proof vests. Norma Burgos' parents and her small baby remained in
the house. 2. 1-27-77 - About 8:30 a.m., without realizing what
had happened, Miss Hagelin came to her friend Norma's house to ask about
her vacation plans. Seeing a group of armed men, she took fright and ran
away. Two of the men followed her down Pampa street, and one of them
took out a pistol and fired at her once. She fell to the ground, one of
the men came up to her, while the other went over to a taxi driver, and
pointed the submachinegun at him. They told the cabby that they were
from the Federal Police (which was not true), and that he would have to
hand the taxi over to them. They drove the taxi to the place where Miss
Hagelin had fallen, and put her in the front of the automobile. Because
of a mechanical hitch, they were unable to close the trunk and they
called the taxi driver over to help them shut it. At that moment, the
taxi driver, as well as other people who where in the vicinity, saw that
although she was hurt, Miss Hagelin was pushing upward with both hands
from inside the trunk. They finally closed the trunk, drove around the
block, picked up the other five men and went off taking Miss Hagelin
with them. 3. 1-28-77 - In the morning, the Swedish Embassy in
Buenos Aires was asked for diplomatic immunity for Miss Hagelin. This
was done, and the Ministry of Foreign Relations of Argentina was so
informed. An interested party then made contact with the Morón and
Palomar police stations and officially confirmed that the operation was
indeed an official military action, duly registered in both stations. 4.
1-30-77 -Miss Hagelin's father, accompanied by a soldier, went to
the taxi driver's house to get information on his automobile, which had
been stolen from him. 5. 2-16-77 - Men dressed in civilian
clothing went to the cab driver's house, gave him the key to his taxi,
told him where it was (in the town of San Martín), and threatening him,
ordered him to say that he had found it in El Palomar. 6. 4-13-77
- A writ of habeas corpus was filed with the Argentinean
Department of Justice, and the reply has until now been negative." 2. In a note dated
November 1, 1977, the Commission transmitted the pertinent parts of this
denunciation to the Government of Argentina, requesting that it provide
the corresponding information. 3. The claimant
made the following oral report to the commission on October 25, 1977: "Miss
Hagelin's father, accompanied by a high-ranking military officer, saw
the police records in the Morón Police Station, where it was recorded
that the operation was conducted by the Navy Mechanics School, which was
the place she was reported to have been detained (incomunicado)." 4. In a note of
January 9, 1978, the Government of Argentina replied to the request for
information, but failed to refer to the acts specifically denounced,
putting its answer in the following terms: ... "C.
Persons concerning whom there is no record of arrest and who are the
object of a police search by the Ministry of the Interior: … 66.
HAGELIN, Dagmar Ingrid (Case 2484)." 5. The pertinent
parts of the reply from the Government of Argentina were transmitted to
the claimant in a letter dated May 25, 1978. WHEREAS: 1. The Government
of Argentina failed to refer to the events specifically denounced, and
in particular, to the response from the Morón and El Palomar Police
Stations, which confirmed that the operation in which Miss Dagmar Ingrid
Hagelin was wounded and detained was conducted by military authorities; 2. Article 51.1 of
the Regulations of the Commission provides as follows: "1.
The occurrence of the events on which information has been requested
will be presumed to be confirmed if the Government referred to does not
supply such information within 180 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, RESOLVES: 1. In application
of Article 51.1 of the Regulations, to presume the events denounced and
cited above in relation to the detention of Miss Dagmar Ingrid Hagelin
on January 27, 1977, who has disappeared since that date, to be true. 2. To observe to
the Government of Argentina that such acts constitute serious violations
of the right to personal security (Article I); of the right to a fair
trial (Article XVIII), and of the right to protection against arbitrary
arrest (Article XXV) of the American Declaration of the Right and Duties
of Man. 3. To recommend to
the Government: a. that it take all necessary measures to release Miss
DAGMAR INGRID HAGELIN, or if appropriate, to bring her to proper trial
if there are legal grounds for doing so, and to ensure that the
conditions of her detention do not violate her right to human treatment
as upheld in Article XXV cited above; b. that it punish those
responsible for the events denounced, in conformity with Argentine law,
and c. that it inform the Commission, within a maximum of 30 days, as to
the measures taken to put into practice the recommendations contained in
the present Resolution. 5. To communicate
this Resolution to the Government of Argentina and to claimant. 6. To include this Resolution in the Annual Report to the General Assembly of the Organization of American States, pursuant to Article 9 (bis), paragraph c.iii of the Statute of the Commission.
|
