of limitations.”” 259 The Court’s findings in that case are further reinforced in a statement by
the Working Group on Enforced Disappearances, also applicable to the instant case, when it
stated that, in view of the seriousness of the forced disappearance of persons, “the passing of
time should not be an obstacle for the progress of civil demands.” 260
232. In 1996, the alleged victims filed a lawsuit against the State in contentiousadministrative court seeking “compensation for the harm they suffered from their kidnapping
and the kidnapping and disappearance of their parents” (supra para. 112). The suit was
admitted by a lower court on finding that the continuation of forced disappearance meant that
the statute of limitations was not applicable. In the second instance, Victoria's claim was
admitted and Anatole's was dismissed, on finding that his action had lapsed because he had
"refrained from exercising it upon reaching the age of majority." 261 In response to the decision,
the plaintiff and the State appealed to the Supreme Court, which, in a judgment on October
30, 2007, granted the State's appeal, “declar[ed] the action extinguished,” and rejected the
suit. It found as follows:
Pursuant to art. 3966 of the Civil Code, “the statute of limitations applies for minors who have legal
representatives […]”, regardless of […] having demonstrated the reasons why the adoptive parents may
have been temporarily prevented from bringing suit […], at least after 1986, the year in which the final
report by C[ONADEP] was released, the annex to which […] makes reference to the biological parents of
the plaintiffs […]. […T]he argument is not admissible because the action to claim material compensation is
not subject to the statute of limitations because it arises from crimes against humanity, which cannot lapse
from the perspective of criminal punishment. This is because the former involves a matter that is available
and waivable, whereas the latter [...] is based on the need for crimes of this kind never to go unpunished,
that is, because exceed the material interests of the individuals impacted [...]. 262
233. It should be noted that the standard maintained by the Supreme Court of the Nation is
not consistent with the international standard prohibiting the application of the statute of
limitations to judicial actions undertaken to secure reparation for damage arising from serious
human rights violations. 263 For greater clarity, it must be pointed out that the non-applicability
of the statute of limitations covers any available judicial, civil, contentious-administrative, and
other actions, as well as administrative procedures 264 that are requested by the victims of
Case of Órdenes Guerra et al. v. Chile. Merits, Reparations, and Costs. Judgment of November 29, 2018. Series
C No. 372, par. 89.
260
Cf. Human Rights Council, Working Group on Enforced or Involuntary Disappearances, UN Doc. A/HRC/22/45,
January 28, 2013, par. 58. Also see Commission on Human Rights, Working Group on Enforced or Involuntary
Disappearances, General Comment on Article 19 of the Declaration on the Protection of all Persons from Enforced
Disappearance, UN Doc. E/CN. 4/1998/43, January 12, 1998, par. 55.
261
Cf. Judgment issued by Court II of the National Chamber of Appeals in Federal Administrative Litigation on
November 4, 2004, which is recorded in CUDAP file: EXP-SO4:0055600/2016, Ministry of Justice and Human Rights
(evidence file, volume IV, annex 6 to the answering brief, folio 2939).
262
Cf. Judgment issued by the Supreme Court of Justice of the Nation on October 30, 2007, found in CUDAP case
file: EXP-SO4:0055600/2016, Ministry of Justice and Human Rights (evidence file, volume IV, annex 6 to the
answering brief, folio 2953). According to the State, the criterion was reiterated by the Supreme Court in the following
rulings: i) Judgment of March 28, 2017, case No. 203/2012 (48-V)/CS1, “Villamil, Amelia Ana v/ National State
regarding damages”; ii) Judgment of May 9, 2019, case No. CNT 9616/2008/1/RH1, “Engineers, María Gimena v/
Techint Sociedad Anónima Compañía Técnica Internacional regarding accident - special law”; and iii) Judgment of
November 12, 2020, case No. 5746/2007/1/RH1, “Crosatto, Hugo Ángel, et al. v/ National State Ministry for Interior
Affairs et al. regarding damages.” See, also, expert opinion of María José Guembe, rendered in a public hearing before
this Court.
263
Expert witness María José Guembe and expert witness Juan Ernesto Méndez agreed that prescription is not
applicable to lawsuits filed by victims of serious human rights violations to claim the respective reparations. Cf. Expert
opinion of María José Guembe and Juan Ernesto Méndez, rendered in a public hearing before this Court. Expert witness
Juan Ernesto Méndez added that the ban on prescription for serious human rights violations applies “with equal force
when it comes to reparations. Victims have the right to justice without time limits, and they also have the right to
compensation for damage without such limits.” Cf. Written expert opinion rendered by Juan Ernesto Méndez (evidence
file, volume XIII, written expert opinions, folios 17062).
264
Consistent with this, article 4 of Law No. 26,913, “Reparations Regime for former Political Prisoners of the
Argentine Republic” (supra, par. 83), establishes that application of the regime “by contributing […] to reparation for
259
61