CAT/C/65/D/778/2016

United Nations

Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment

Distr.: General
31 January 2019
English
Original: Spanish

Committee against Torture

Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 778/2016*, **
Communication submitted by:

Estela Deolinda Yrusta and Alejandra del Valle
Yrusta (represented by the Provincial Public
Defender of Santa Fe, Gabriel Ganon)

Alleged victims:

The complainants and their disappeared brother,
Roberto Agustín Yrusta

State party:

Argentina

Date of communication:

10 November 2015 (initial submission)

Date of adoption of Views:

23 November 2018

Subject matter:

Torture and other cruel, inhuman or degrading
treatment or punishment; lack of effective
investigation and redress

Procedural issues:

Exhaustion of domestic remedies; competence
ratione materiae; examination of the same case
by another international settlement procedure

Substantive issues:

Torture and other cruel, inhuman or degrading
treatment or punishment; obligation of the State
party to ensure that the competent authorities
conduct a prompt and impartial investigation;
right to file a complaint; right to redress

Articles of the Convention:

1, 2, 11, 12, 13 and 14

1.1
The complainants are Ms. Estela Deolinda Yrusta and Ms. Alejandra del Valle
Yrusta, sisters of Mr. Roberto Agustín Yrusta, an Argentine national born on 29 August
1980. The complainants claim to be victims of violations by the State party of articles 2, 6,
11, 12, 13 and 14 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment. The complainants are represented by the Provincial
Public Defender of Santa Fe, Gabriel Ganon.
1.2
Argentina declared that it recognized the competence of the Committee to receive
and consider individual communications under article 22 of the Convention on 24
September 1986.

* Adopted by the Committee at its sixty-fifth session (12 November–7 December 2018).
** The following members of the Committee participated in the examination of the communication:
Essadia Belmir, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu,
Diego Rodríguez-Pinzón, Sébastien Touzé, Bakhtiyar Tuzmukhamedov and Honghong Zhang.

GE.19-01524 (E)

290419 290419

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