The Inter-American Commission on Human Rights (IACHR) requested, through a resolution, Precautionary protection measures in favor of Facundo José Astudillo Castro considering that it is in a situation of gravity and urgency of risk of irreparable damage to their rights.
According to resolution 43/2020, issued on Saturday and officially communicated this afternoon from Washington, “the beneficiary has been missing since April 30, 2020, when he was moving to a town and was detained by police agents for violating the quarantine imposed by the Covid-19 pandemic. Since then, its whereabouts or location is unknown. “
In a statement, the IACHR reported that “the Commission requested information from the State [argentino], receiving observations on various actions carried out by its institutions to search for the beneficiary and investigate the facts, both at the provincial and federal levels. Notwithstanding the actions carried out by the State, the IACHR observed that, more than three months after Facundo’s disappearance, there is no concrete information on his whereabouts or destination, therefore the existence of a situation of serious risk to their rights to life and personal integrity is sufficiently established “.
He also became aware of a previous pronouncement by the United Nations Committee against Forced Disappearance related to the case. The IACHR recalled that its operating regulations allow it to request “the adoption of precautionary measures when there is a situation of gravity and urgency of risk of irreparable damage”.
Thus, based on the provisions of Article 25 of the IACHR Rules of Procedure, Argentina was requested to:
- Take the necessary measures to determine the situation and whereabouts of Facundo José Astudillo Castro, in order to protect his rights to life and personal integrity. In this regard, the Commission urges the State to guarantee effective search actions through its specialized mechanisms created for this purpose.
- Agree on the measures to be adopted with the beneficiary’s relatives and representatives.
- Implement the actions aimed at investigating the events that led to the granting of this precautionary measure and thus avoid its repetition.
The IACHR emphasized that “the granting of the precautionary measure and its adoption by the State do not constitute prejudice on a possible petition before the inter-American system alleging violations of the rights protected in the American Convention and other applicable instruments.”