Convention. 275 Thus, the Court is not competent to rule on the matter.
VII.4
RIGHT TO HUMANE TREATMENT OF ANATOLE ALEJANDRO
AND CLAUDIA VICTORIA LARRABEITI YÁÑEZ, IN CONJUNCTION WITH
THE OBLIGATIONS TO RESPECT AND GUARANTEE RIGHTS 276
A. Arguments of the Commission and of the parties
249. The Commission argued that the State violated the right to personal integrity
recognized in Article 5(1) of the American Convention, to the detriment of the Larrabeiti Yáñez
brothers “for the suffering caused by the disappearance of their father and mother and the
search for justice.”
250. The representative indicated that for Anatole and Victoria, the effects of the operation
carried out on September 26, 1976 "indelibly marred their psyches and the entire context of
their lives."
251. The State, for its part, did not make specific arguments in this regard.
B. Considerations of the Court
252. The Court has established that in cases involving the forced disappearance of persons,
it can be understood that the violation of the right to integrity of the victims’ next of kin is a
direct result of this phenomenon, which causes them severe anguish owing to the act itself,
which is increased, among other factors, by the constant refusal of the authorities to provide
information on the whereabouts of the victim or to conduct an effective investigation to clarify
what occurred. 277 Additionally, in cases of grave human rights violations, it can declare a
violation of this right to the detriment of the relatives of victims by applying a iuris tantum
presumption with regard to mothers and fathers, sons and daughters, husbands and wives,
long-term domestic partners, and siblings, as corresponds to the particular circumstances of
the case. 278 These effects, fully included in the complex nature of forced disappearance, last
over time for as long as the final whereabouts of the disappeared person go unsolved. 279
253. In the instant case, as a direct consequence of classifying the facts as a forced
disappearance of Victoria Lucía Grisonas Andrijauskaite and Mario Roger Julien Cáceres, the
Court can assume that the son and daughter have experienced psychological and moral
damage. Their testimony 280 indicated that they have experienced profound suffering and
Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of the Convention
(Arts. 1 and 2 American Convention on Human Rights). Advisory Opinion OC-14/94 of December 9, 1994. Series A
No. 14, par. 48; Case of Azul Rojas Marín et al. v. Peru, supra, par. 135, and Case of Mota Abarullo et al. v. Venezuela.
Merits, Reparations, and Costs. Judgment dated November 18, 2020. Series C No. 417, par. 158.
276
Article 5 of the American Convention, in conjunction with Article 1(1) of the Convention.
277
Cf. Case of Blake v. Guatemala. Merits. Judgment of January 24, 1998. Series C No. 36, par. 114, and Case
of Garzón Guzmán et al. v. Ecuador, supra, par. 90.
278
Cf. Case of Valle Jaramillo et al. v. Colombia, supra, par. 119, and Case of Olivares Muñoz et al. v. Venezuela.
Merits, Reparations, and Costs. Judgment of November 10, 2020. Series C No. 415, par. 140, and Case of Garzón
Guzmán et al. v. Ecuador, supra, par. 90.
279
Cf. Case of Goiburú et al. v. Paraguay, supra, par. 103, and Case of Isaza Uribe et al. v. Colombia, supra, par.
165.
280
In his statement given in a public hearing before this Court, Anatole recounted that he has lived "with sadness,
with anguish, with grief in many ways," which translated into "the need for a search" to "know who [his parents] had
been,” and the need to “never […] stop looking for a place to bring some roses to [his] mother.” He indicated that,
when visiting the place where Automotores Orletti operated, “it was very difficult to enter and […] what he […] felt at
that moment.” He indicated that "the impacts to this day are countless" and added that "being able to conclude the
story of someone who was never found is important." For her part, Victoria stated that due to her age on the day of
the events, she has no memory of what happened, but “she has the experience of trauma, [...] of breaking the
275
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