277. The Argentine State indicated that in a public act held on March 24, 2004, then-President
Néstor Kirchner “asked for forgiveness on behalf of the National State […] for so many atrocities,”
and therefore, in principle, no similar measures are needed. In this sense, Argentina pointed to
the public event that took place on the occasion of the creation of the Museum of Memory and for
the Promotion and Defense of Human Rights, held in the former headquarters of the Navy
Mechanics School (ESMA), which functioned as a clandestine detention and torture center in
Buenos Aires.298 Although this act was related to the serious facts that took place during the
dictatorship, the Court notes that it was not carried out in agreement with the victims of this case
for the purposes of defining the different aspects of the event. Additionally, there is no information
on whether they were able to participate in any way.
278. The Court therefore orders Argentina to hold a public act of acknowledgment of international
responsibility for the facts of this case. This act must include reference to the human rights
violations declared in this Judgment. The act must be carried out through a public ceremony led
by senior State authorities and with the attendance of Anatole Alejandro and Claudia Victoria
Larrabeiti Yáñez or their representatives. It must be covered extensively and disseminated
nationally.299 For this purpose, the State and the victims or their representatives must agree on
the method of carrying out the public act, as well as pertinent details, including where and when
it is to be held. 300 The State has one year, counted from the notification of this Judgment, to
comply with the measure ordered.
D.2. Publication of the Judgment
279. As it has in other cases,301 this Court orders the State to publish, within six months of
notification of this Judgment and in an appropriate and legible font: (a) one time only, the official
summary of this Judgment prepared by the Court in the Official Gazette; and (b) this Judgment
in its entirety, to be available for one year, on an official website. The State must advise this Court
immediately when it has issued each of the publications ordered, regardless of the one-year time
frame for presentation of its first report, as established in the operative paragraph 19 of this
Judgment.
D.3. Audiovisual documentary
dissemination of the truth
for
the
preservation
of
memory
and
280. In response to the request by the Commission and the representative, the Court notes that
the State reported that under Law 26,691,302 sites that “operated as clandestine detention,
torture, and extermination centers […] until December 10, 1983” were declared “Sites of
Memory.” Among these “sites” is Automotores Orletti, where Ms. Grisonas Andrijauskaite, Anatole,
and Victoria were held in custody. Likewise, Argentina indicated that in the House for the Right to
Identity of the Grandmothers of Plaza de Mayo, located on the site where the Navy Mechanics
Judgment of October 25, 2012. Series C No. 252, par. 357. See United Nations General Assembly, Report of the
Special Rapporteur on the promotion of truth, justice, Fabián Salvioli, Apologies for gross human rights violations and
serious violations of international humanitarian law, UN Doc. A/74/147, July 12, 2019, pars. 13 and following.
298
See communication published by the Presidency of the Argentine Republic on March 24, 2004, entitled:
“Palabras del Presidente de la Nación, Doctor Néstor Kirchner, en el acto de firma del convenio de la creación del
Museo de la Memoria y para la Promoción y Defensa de los Derechos Humanos” (supra footnote 37), available at:
https://www.casarosada.gob.ar/informacion/archivo/24549-blank-79665064.
299
Cf. Case of Cantoral Benavides v. Peru. Reparations and Costs. Judgment of December 3, 2001. Series C No.
88, par. 81, and Case of Guachalá Chimbo et al. v. Ecuador, supra, par. 239.
300
Cf. Case of Radilla Pacheco v. Mexico. Preliminary Objections, Merits, Reparations, and Costs. Judgment of
November 23, 2009. Series C No. 209, par. 353, and Case of Garzón Guzmán et al. v. Ecuador, supra, par. 121.
301
Cf. Case of Cantoral Benavides v. Peru, supra, par. 79, and Case of Garzón Guzmán et al. v. Ecuador, supra,
par. 117.
302
Law
No.
26,691,
promulgated
on
July
27,
2011.
Available
at:
http://servicios.infoleg.gob.ar/infolegInternet/anexos/180000-184999/184962/norma.htm.
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