González v. Argentina


Legal Relevance

Keywords: Duty to Prosecute | Burden of Proof | Statute of Limitations | Relatives as Victims | Effective Remedy | Duty to Investigate

Themes: Justice and Truth

The Committee held that, although it could not be concluded that the victim was detained, there were indications that he was the person whose dead body had been found, and that judicial proceedings failed to explain these facts or identify those responsible.

Judgment Date

March 17, 2011

Country

Argentina

Judicial Body

Human Rights Committee

Articles violated

Article 2(3) [ICCPR], Article 6(1) [ICCPR]

Facts of the Case

Mr. Roberto Castañeda González was last seen in September 1989. A charred body was found inside his van, which also burned, along with his personal effects. Forensic tests confirmed the presence of skull fractures and a bullet, and a judicial investigation concluded that the fire had been set intentionally. Three months prior to Mr. González's disappearance, a lawyer told his mother that he should leave, as his name was on a list of people that the police was going to make disappear. In the preceding months, Mr. González had been detained twice, and on both occasions he was threatened by police officers with death. Proceedings were initiated against three civilians belonging to a criminal gang, but were later closed. During the investigation, several police officers identified other officers as having caused the death of Mr. González. Two of the key suspects were appointed to the police commission conducting the investigation.

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