D.1.1. The investigation into the whereabouts of Mario Roger Julien Cáceres and Victoria Lucía
Grisonas Andrijauskaite
31
D.2. Lawsuit for damages filed against the State for the acts committed to the detriment of
the Julien Grisonas family, case No. 14,846/96
32
D.3. Reparations sought before administrative forums
33
VII MERITS
33
VII.1 RIGHTS TO RECOGNITION OF JURIDICAL PERSONALITY, TO PERSONAL
LIBERTY, TO HUMANE TREATMENT, AND TO LIFE, READ IN CONJUNCTION WITH THE
OBLIGATIONS TO RESPECT AND GUARANTEE RIGHTS
35
A. Arguments of the Commission and of the parties
35
B. Considerations of the Court
35
B.1. Forced disappearances of Victoria Lucía Grisonas Andrijauskaite and Mario Roger Julien
Cáceres
37
B.2. Conclusion
41
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
41
A. Arguments of the parties and of the Commission
41
A.1. Regarding the alleged situation of impunity produced while Laws No. 23,492 and 23,521
were in force
41
A.2. Regarding the investigations aimed at clarifying what happened and punishing those
responsible and guaranteeing a reasonable time
42
A.3. Regarding the “delayed” codification of the criminal offense of forced disappearance of
persons in the Argentine legal system
43
A.4. On the search for the whereabouts of Victoria Lucía Grisonas Andrijauskaite and Mario
Roger Julien Cáceres
43
B. Considerations of the Court
44
B.1. Compliance with the duty to investigate and punish the forced disappearance of persons
within a reasonable time
44
B.2. Codification of forced disappearance of persons as a criminal offense in the Argentine
legal system and failure to apply it to the specific case
52
B.3. The search for the whereabouts of Victoria Lucía Grisonas Andrijauskaite and Mario Roger
Julien Cáceres and their relatives’ right to know the truth
55
B.4. General conclusion
59
VII.3 RIGHTS TO JUDICIAL GUARANTEES AND JUDICIAL PROTECTION AS REGARDS
REPARATIONS FOR GRAVE HUMAN RIGHTS VIOLATIONS, READ IN CONJUNCTION
WITH THE OBLIGATIONS TO RESPECT AND GUARANTEE RIGHTS AND ADOPT
PROVISIONS OF DOMESTIC LAW
59
A. Non-applicability of the statute of limitations on actions to obtain redress for serious human
rights violations
60
A.1. Arguments of the parties and of the Commission
60
A.2. Considerations of the Court
60
A.2.1. Conclusion
62
B. Administrative mechanisms for providing reparations for serious human rights violations
62
3