Garrido and Baigorria v. Argentina (Reparation and Costs)
Deprivation of Liberty | Judicial Protection | Effective Remedy | Reparations
The State fully accepted its international responsibility for the disappearance of the victims, and the violation of their rights to life, personal integrity, personal liberty, judicial and procedural guarantees, and judicial protection, which the Court accepted. As regards measures of reparation, the Court ordered the Argentine State to investigate the events that led to the disappearance of the two victims, and to bring to trial and punish the perpetrators, accomplices, accessories and all those who may have participated in the events. The State was further ordered to search for and identify Mr. Raúl Baigorria Balmaceda's two extra-martial children and to grant them reparation as his heirs, by all means possible.
August 27, 1998
Article 1 [ACHR], Article 4 [ACHR], Article 5 [ACHR], Article 7 [ACHR], Article 9 [ACHR], Article 8(1) [ACHR], Article 25 [ACHR]
Facts of the Case
On 28 April 1990, Mr. Adolfo Argentino Garrido Calderón and Mr. Raúl Baigorria Balmaceda were arrested by uniformed personnel of the Mendoza Police and were disappeared. Mr. Raúl Baigorria Balmaceda had two extra-marital children whom the State failed to locate. This presented difficulties for the Court in ordering reparations in relation to this victim.