facts, insofar as it indicated that it submitted to the jurisdiction of the Court the actions or
omissions of the State concerning the forced disappearance of Mario Roger Julien Cáceres and
Victoria Lucía Grisonas Andrijauskaite; the failure to investigate and punish with regard to the
facts that affected their children, Anatole and Victoria; and the lack of adequate reparation.
25. In this regard, the Court recalls that the ongoing or permanent nature of the forced
disappearance of persons has been repeatedly recognized by international human rights law,
in the sense that the act of disappearance and its execution begin with the deprivation of
liberty of the person and the subsequent lack of information about their fate, and it continues
until the whereabouts of the disappeared person are known or their remains are identified
with certainty. 22 Accordingly, the Court is competent to analyze the arguments of the
representative and the Commission regarding the forced disappearance of Julien Cáceres and
Grisonas Andrijauskaite.
26. As for the representative’s argument regarding the ongoing nature of the forced
disappearance of Anatole and Victoria, the Court notes that because their whereabouts have
been established by their biological grandmother and in view of the agreement that she
reached with their adoptive parents, expressed in the document of August 2, 1979, the Court
notes that both persons have recovered their identities and reestablished ties with their blood
family. According to this account, Anatole and Victoria were informed of their identities and
origin in a timely fashion; they met the rest of their biological relatives; and, being minors,
they were asked which surnames they wanted to adopt, and opted to keep those of their
adoptive parents (infra paras. 97 and 98). 23 Therefore, in accordance with the criteria used
by this Court in previous cases, the forced disappearance of which Anatole and Victoria were
victims ceased when the truth about their identity was revealed to them and, in turn, they
were provided with the de facto and de jure opportunity to recover their true identities and
the family bond with their blood relatives, which did in fact take place with the agreement
signed on August 2, 1979. 24 Consequently, given the date on which both forced
disappearances ceased, the Court lacks competence ratione temporis to rule on the matter.
27. Additionally, the Court notes that because they amount to separate violations, the
alleged violations of Articles 1, 6, and 8 of the ICPPT due to "lack of investigation and
punishment" of the facts affecting Anatole and Victoria do fall within the Court’s temporal
competence, dating from Argentina’s ratification of the aforementioned international
instrument. 25 Outside of these elements, the Court lacks jurisdiction regarding allegations of
the violation of the ICPPT, particularly with regard to the commission of acts of torture, since
they took place before the State ratified this international instrument or the American
Cf. Inter alia, Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4,
para. 155, and Case of Garzón Guzmán et al. v. Ecuador. Merits, Reparations, and Costs. Judgment of September 1,
2021. Series C No. 434, para. 62.
23
The United Nations Working Group on Enforced or Involuntary Disappearances noted in 1981 that “two
Uruguayan children, aged one and four years old, who had been abducted in Buenos Aires […] appeared three months
later abandoned […] in Valparaíso, Chile,” and added that “[t]he real identity of the children was revealed in 1979,
following a search by their grandparents.” Cf. Commission on Human Rights, Report of the Working Group on Enforced
or Involuntary Disappearances, January 22, 1981, UN Doc. E/CN.4/1435, par. 172. Also see, Commission on Human
Rights, Report of the Working Group on Enforced or Involuntary Disappearances, December 31, 1981, UN Doc.
E/CN.4/1492, par. 41, and Report of the Working Group on Enforced or Involuntary Disappearances, December 9,
1983, UN Doc. E/CN.4/1984/21, par. 28.
24
Cf. Case of Gelman v. Uruguay. Merits and Reparations. Judgment of February 24, 2011. Series C No. 221,
para. 51, and Case of Contreras et al. v. El Salvador. Merits, Reparations, and Costs. Judgment of August 31, 2011.
Series C No. 232, para. 89. The Working Group on Enforced or Involuntary Disappearances agrees with this view. Cf.
Human Rights Council, Report of the Working Group on Enforced or Involuntary Disappearances, General comment
on children and enforced disappearances, February 14, 2013, UN Doc. A/HRC/WGEID/98/1, pars. 9 and 10.
25
Cf. Case of Herrera Espinoza et al. v. Ecuador. Preliminary Objections, Merits, Reparations, and Costs.
Judgment of September 1, 2016. Series C No. 316, par. 18; Case of Terrones Silva et al. v. Peru. Preliminary
Objections, Merits, Reparations, and Costs. Judgment of September 26, 2018. Series C No. 360, par. 34, and Case
of Montesinos Mejia v. Ecuador, supra, par. 19.
22
10