whether or not they were subjected to intense physical or mental suffering; afterwards it will examine whether
or not there was the direct participation or authorization or acquiescence of state agents; and finally it will
ascertain whether it intended to achieve a given purpose or aim.
126.
Regarding Victoria Grisonas, there is no dispute among the parties that, on the basis of the abovementioned context and the case file, it clearly emerges that state agents participated intentionally in the
incidents. In that respect, on May 31, 2011, Federal Criminal Oral Court No. 1 convicted four former agents of
the Army for the crimes committed in “Orletti,” a judgment which is final. This judgment deems it has been
“confirmed, with full certainty, that Victoria Lucía Grisonas was subjected to the unlawful deprivation of her
liberty, as well as confinement in the detention center called “Automotores Orletti,” sustained torture and
inhuman detention conditions.” Therefore, there is no dispute about the state’s participation in these actions,
because of which the Commission finds that the element of participation by state agents has been fulfilled.
127.
In connection with the intense physical or mental suffering, the Commission finds that the evidence
appearing in the case file are consistent amongst each other and show that the victim sustained intense physical
and mental suffering. According to witness statements, the day of the operation, the agents of the armed forces
“took [Victoria Grisonas] and her children from the fourth house [and] […] they took the children from her and
carried them away, they hit her forcefully, I remember that the servicemen took her by the arms and legs lifted
her up and then threw her on the ground.” When she arrived at “Orletti,” she was dragged by her hair to the
second floor where the torture room was located, which was the last time she was seen. According to
information provided in the framework of the court cases, there was a routine of torture through which every
detained person in “Orletti” had to pass. Likewise, the courts of Argentina have established that, in general, the
victims detained in this center were subjected to different stages of captivity or subhuman conditions of
detention. This is fully proven by the many sources invoked in the context section of the present report.
128.
As a result, the Commission concludes that Victoria Grisonas was subjected to multiples forms of
physical and psychological mistreatment. The Commission deems that the abuses described are grave and are
liable to cause profound physical pain and extreme fear. Thus, the second constitutive element of the torture
has also been fulfilled.
129.
Finally, in connection with the given purpose or aim, the Commission observes that, according to the
existing body of evidence and judicial rulings issued by domestic courts, the actions of the state agents were
deliberate and were aimed at obtaining information to dismantle the political organization to which Victoria
Grisonas and her husband belonged. Therefore, this requirement has also been met.
130.
Regarding the Larrabeiti Yáñez siblings and in connection with the participation of state agents, there
is no dispute that those who conducted the operation in which they were unlawfully detained and subsequently
transferred to “Orletti” were military and police agents. Therefore, the Commission finds that the element of
participation by state agents is also fulfilled.
131.
As for the second element regarding intense physical or mental suffering, on the base of the abovementioned case law, the IACHR must take into account exogenous factors, such as the age of the persons
sustaining the suffering. From the body of evidence, it appears that, when in the operation the siblings wept
and called for their mother when they were taken away from her by the military agents, one serviceman told
them “your bitch of a mother no longer exists.” In addition, Anatole remembers “walking with someone holding
his hand, who was also carrying his sister in his arms and when he looked back he saw his parents stretching
on the ground face down, with their hands open, while persons were pointing at them with firearms, one of
them close to his mother, wearing a uniform, a helmet, and holding a machine gun.” Furthermore, when they
arrived at “Orletti,” the children saw how the servicemen took away their move dragging her by her hair,
probably the last image they had of her.
132.
Likewise, from the body of evidence referred to above, it emerges that the persons detained in “Orletti”
were subjected to torture and various stages of captivity or subhuman conditions of detention. Therefore, it is
a fact that, while the siblings stayed in that center, they were in a grim place, surrounded by detained persons
living in subhuman conditions, listening to screams, and witnessing various kinds of scenes of violence. To this