deportation, expulsion, return, or removal of those persons in any way if there is sufficient
evidence of a risk of irreparable damage to their rights, even more so in the event of good
reason to believe that they would be at risk of being subjected to torture or cruel, inhuman,
or degrading treatment, or of being arbitrarily deprived of their lives. 179 However, all this
openly ignored and violated in the context of the facts of the case. 180
146. Lastly, the Court reiterates that the context of what happened in this case was
particularly serious, in that the State was the main factor in the crimes committed, amounting
to serious human rights violations as part of a systematic and inter-State practice 181 of “state
terrorism,” leading what happened to be classified by the Argentine courts as crimes against
humanity (supra paras. 59 and 60).
B.2. Conclusion
147. Based on all these considerations, the Court concludes that the Argentine State is
responsible for the forced disappearance of Victoria Lucía Grisonas Andrijauskaite and Mario
Roger Julien Cáceres, in violation of the rights to recognition of juridical personality, to life, to
personal integrity, and to personal liberty enshrined, respectively, in Articles 3, 4(1), 5(1),
5(2), and 7(1) of the American Convention, read in conjunction with the provisions of Article
1(1), as well as Article I, paragraph (a), of the ICFDP, which prohibits state practice of the
forced disappearance of persons.
VII.2
RIGHTS TO JUDICIAL GUARANTEES AND JUDICIAL PROTECTION,
IN CONJUNCTION WITH THE OBLIGATIONS TO RESPECT AND GUARANTEE RIGHTS,
ADOPT PROVISIONS OF DOMESTIC LAW,
AND INVESTIGATE SERIOUS HUMAN RIGHTS VIOLATIONS 182
148. The Court will proceed to study the various and distinct issues raised in relation to the
allegations of violations of the rights to judicial guarantees and judicial protection, and the
duty to investigate serious human rights violations.
A. Arguments of the parties and of the Commission
A.1. Regarding the alleged situation of impunity produced while Laws No.
23,492 and 23,521 were in force
149. The Commission argued that while Laws No. 23,492 and 23,521 were in force, “a
situation of total impunity regarding the crimes against humanity perpetrated against the
Cf. Rights and guarantees of children in the context of migration and/or in need of international protection,
par. Advisory Opinion OC-21/14 dated August 19, 2014. Series A No. 21, par. 226, and Case of Wong Ho Wing v.
Peru. Preliminary Objections, Merits, Reparations, and Costs. Judgment of June 30, 2015. Series C No. 297, pars.
127 and 130.
180
The Working Group on Enforced or Involuntary Disappearances has addressed the issue, stating that “[w]hen
it is a question of […] a refugee who suffers from forced disappearance […], rights specifically recognized in
international human rights instruments are also violated.” Cf. Report of the Working Group on Enforced or Involuntary
Disappearances, December 9, 1983, UN Doc. E/CN.4/1984/21, par. 154. Likewise, that body has indicated that, in
the area of forced disappearances, "there are specific obligations" for the States, "derive[d] from the specific
characteristics of the migratory phenomenon in the spheres of prevention, search, criminalization/investigation,
reparation and international cooperation.” Cf. Human Rights Council, Report of the Working Group on Enforced or
Involuntary Disappearances on enforced disappearances in the context of migration, July 28, 2017, UN Doc.
A/HRC/36/39/Add.2, par. 57.
181
Cf. Case of Goiburú et al. v. Paraguay, supra, pars. 66 and 72, and Case of Gelman v. Uruguay, supra, par.
99.
182
Articles 8 and 25 of the American Convention, in relation to Articles 1(1) and 2 of the same instrument, and
Articles I, paragraph (b), and III of the Inter-American Convention on Forced Disappearance of Persons.
179
41