CED/C/10/D/1/2013 feet, open wounds, cuts to the arms, signs of bleeding, multiple bruises, signs that he had been struck violently on the head and other marks that appeared to have been caused by the impact of rubber bullets, while the neck area displayed no signs of hanging. In view of the above, the authors mistrust the version transmitted by the authorities of the State party regarding the causes of Mr. Yrusta’s death. 2.5 A few days after the death of Mr. Yrusta, the non-governmental organization Coordinadora Anticarcelaria de Córdoba (Córdoba Anti-Prison Coordinating Committee) issued a statement by his next of kin, in which the latter called for a full explanation and an investigation into the case of their son and brother. On 26 February 2013, the relatives of Mr. Yrusta, accompanied by representatives of Coordinadora Anticarcelaria de Córdoba, went to the offices of the Santa Fe Provincial Public Criminal Defence Service in order to seek expert advice from the Provincial Public Defender and to ask him to intervene in the case “Yrusta, Roberto Agustín re/his death” (No. 173/2013), which had been referred to the Sixth Bench of the Santa Fe Criminal Investigation Court. By a decree of 22 April 2013, a request to allow the Public Defender to intervene was denied on the grounds that “the legal representative lacked standing to bring an action in the capacity invoked”. The Provincial Defender’s Office was not notified of the decree until 24 June 2013. On 1 July 2013, the authors filed a petition for recognition as parties to the prosecution (constitución de querellante) and for the corresponding statutory hearing to be held. Their petition was denied by a decree dated 3 July 2013. On 25 July 2013, the authors filed a motion for reconsideration (recurso de queja) before the Santa Fe Criminal Court of Appeal. On 11 September 2013, the date of the initial submission, the motion was still pending, thus preventing the authors from moving forward with the necessary legal proceedings. The authors point out that none of the required investigative measures has been taken, that no further autopsy on Mr. Yrusta’s body has been ordered and that there has been no response from the Córdoba or Santa Fe judicial authorities concerning the circumstances of his death. The authors further state that the Public Defender’s Office has not had access to the case file. The complaint 3.1 The authors claim to be victims of violations by the State party of their rights under articles 1, 2, 3, 12 (1) and (2), 15, 17 (2) (c) and (d), 18, 20, 23 and 24 of the Convention. 3.2 They claim that Mr. Yrusta was disappeared for an approximate period of more than seven days following his transfer to Santa Fe — which he had not been informed about and had not consented to — in violation of articles 1 and 2 of the Convention. They contend that Mr. Yrusta did not know where he had been transferred and that his family received no response from the prison services to their repeated requests for information about his whereabouts. 3.3 The authors consider that the State party has violated article 3 of the Convention inasmuch as the Córdoba and Santa Fe authorities failed to respond to questions concerning the circumstances of Mr. Yrusta’s death and the courts refused to admit their complaint “on procedural grounds”. The authors further consider that the State party has violated article 12 (1) and (2) of the Convention owing to its failure to initiate the investigation formally requested by them and to grant Mr. Yrusta’s family and their legal representative access to the file and documentation relating to the case opened before the Sixth Bench of the Santa Fe Criminal Investigation Court. The authors also draw attention to the failure to carry out a second autopsy on Mr. Yrusta’s body. 3.4 The authors claim that the government authorities of Córdoba and Santa Fe failed to provide Mr. Yrusta with the greatest measure of assistance possible. In particular, they point out that the prison services violated article 15 of the Convention by failing to respond to the countless calls and requests for information regarding the fate and whereabouts of Mr. 4 GE.16-05682

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