victim “remains missing, and no specific hypothesis has been offered with respect to her
identity.” The note goes on to state:
[The] case [of Ms. Grisonas Andrijauskaite], like that of thousands of people reported missing in the same
context, depends on a massive process in which genetic sequences extracted from skeletal remains
recovered in circumstances suggesting the presence of forced disappearance […] are compared with genetic
reference profiles provided by close relatives of the victims. [...] The sequence from the same reference
(daughter of [the Julien Grisonas couple]) has not produced a significant match with human remains
indicative of identity to date. 238
213. Based on the foregoing, without ignoring the complexity involved in searching for a
disappeared person in contexts such as this, the Court finds that the State’s obligation to
investigate the whereabouts and, if applicable, locate the remains of Ms. Grisonas
Andrijauskaite cannot be exhausted by mass comparison of genetic sequences. On the
contrary, in order to be effective and compatible with due diligence, the State’s obligation in
this regard must include all possible efforts, carried out systematically, rigorously, and with
all appropriate and suitable means, 239 including requesting the cooperation of other States, 240
none of which is understood to have taken place based on what has been reported.
214. Although it has not found any breach of due diligence in criminal investigations, the
Court highlights the autonomous nature of the obligation to search for and locate missing
persons, 241 which must be carried out efficiently, comprehensively, adequately, and diligently,
independent of those investigations. 242 This autonomous obligation is closely related to the
right of family members to know the truth about the fate of their loved ones. Based on the
foregoing, the Court concludes that the State did not comply with its obligation to carry out a
systematic and rigorous search with all due diligence to establish the whereabouts of Ms.
Grisonas Andrijauskaite.
215. In the case of Julien Cáceres, by contrast, the information provided on the process
reveals that a series of procedures ordered by the court in charge of the preliminary
investigation aimed at locating his remains were carried out. Of particular interest is the
information provided by the authorities of the Municipal Cemetery of the Partido de General
San Martín, along with the documentary evidence collected. According to the content of the
note provided, the EAAF completed its analysis of all this material and was able to conclude
the following:
There are serious indications that the person whose death was documented by means of a death certificate
[…] in the Civil Registry of San Martin […], whose body was originally buried in an individual grave in the
Cf. Note from the Argentine Forensic Anthropology Team of July 27, 2020, addressed to the National Director
of International Legal Affairs in Human Rights of the Ministry of Justice and Human Rights (evidence file, volume IV,
annex 25 to the answering brief, folios 15924 and 15925).
239
Cf. Case of Contreras et al. v. El Salvador, supra, par. 191, and Case of Garzón Guzmán et al. v. Ecuador,
supra, par. 74.
240
Cf. Case of Gelman v. Uruguay, supra, par. 234, and Case of Contreras et al. v. El Salvador, supra, par. 152.
241
Cf. Case of Garzón Guzmán et al. Ecuador, supra, par. 75. In this sense, the International Convention for the
Protection of All Persons from Enforced Disappearance, adopted by the General Assembly of the United Nations on
December 20, 2006, in its Articles 15, 19(1), 24(2), 24(3), 25(2), and 25(3) refers to the obligation to search for and
locate the disappeared persons, specifically and distinct from the criminal investigation. The Committee on Enforced
Disappearances has reaffirmed the specific obligations that exist for States in this matter. Cf. Committee on Enforced
Disappearances, Concluding observations on the report submitted by Spain under Article 29, paragraph 1, of the
Convention, UN Doc. CED/C/ESP/CO/1, December 12, 2013, par. 32, Concluding observations on the report submitted
by Burkina Faso under Article 29, paragraph 1, of the Convention, UN Doc. CED/C/BFA/CO/1, May 24, 2016, par. 40;
Concluding observations on the report submitted by Honduras under Article 29, paragraph 1, of the Convention, UN
Doc. CED/C/HND/CO/1, July 4, 2018, par. 25(1); Concluding observations on the report submitted by Chile under
Article 29, paragraph 1, of the Convention, UN Doc. CED/C/CHL/CO/1, May 8, 2019, par. 27(a). Also see Committee
on Enforced Disappearances, Guiding principles for the search for disappeared persons, UN Doc. CED/C/7, May 8,
2019, Principles 6 and 13.
242
See Committee on Enforced Disappearances, Guiding principles for the search for disappeared persons, UN
Doc. CED/C/7, May 8, 2019, Principles 1, 4 to 8, 10, 12, 13, 15, and 16.
238
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