A. Petitioner 3. The petitioner alleges that the facts in the instant case illustrate the most emblematic expression of the action of “Plan Cóndor” in connection with the kidnapping and appropriation of children in the context of coordinated repressive actions by the dictatorships of the Southern Cone. He indicates that Mario Roger Julien, of Uruguayan nationality, and Victoria Lucía Grisonas, an Argentine who acquired Uruguayan nationality, lived in Montevideo, Uruguay, where in September 1972 their child Anatole Boris was born. In 1973, after the civicmilitary coup in Uruguay, Mario Julien, like many opponents of the Uruguayan dictatorship, had to go into exile in Buenos Aires, Argentina. In 1974 he was joined by his wife and son; on May 7, 1975, their daughter Victoria Eva was born in Buenos Aires. The military coup in Argentina was carried on March 24, 1976. 4. Petitioner indicates that on September 26, 1976 Argentine and Uruguayan military forces carried out a violent joint operation at the home of the Julien-Grisonas family, situated in the city of San Martín, province of Buenos Aires. He indicates that Mario Julien placed his son and daughter in the bathtub to protect them and that he was then seen dead outside the house. His body never appeared. Victoria Grisonas was separated from her son and daughter, brutally beaten, and placed in the trunk of a police car. Petitioner notes that Anatole and Victoria, 4 years old and 16 months old, respectively, heard the shots, saw their father fall, dead, and saw how they were brutally carrying their mother, leaving profound marks on their lives. Subsequently, they were taken, along with their mother, to the “Automotores Orletti” clandestine detention center. He indicates that there Victoria Grisonas was definitively separated from her son and daughter, so as to then be savagely tortured by Argentine and Uruguayan military personnel. Ever since, she has been disappeared. In October 1976 Anatole and Victoria were taken clandestinely to Montevideo, where they continued to be kidnapped at a clandestine detention center that belonged to Uruguay’s Defense Intelligence Service (SID: Servicio de Inteligencia de Defensa). At both centers they were seen by several detained persons. In late 1976 they were taken by plane to Chile. Days before Christmas 1976 they were abandoned in the Plaza O’Higgins of the city of Valparaíso and then found, alone and undocumented, by members of the Carabineros police force. 5. According to the petitioner, after spending time in an orphanage, they were turned over to the custody of the Chilean husband and wife Jesús Larrabeiti and Silvia Yáñez, who did not have ties with the repressive apparatus. While the adoption process was under way, the paternal grandmother, María Angélica Cáceres de Julien, by a fortuitous circumstance, was able to find Anatole and Victoria. In August 1979 she signed a document with Larrabeiti and Yáñez by which, among other things, the biological filiation of both was established and they were given both their biological names (Anatole Boris and Victoria Eva Julien Grisonas) and their adoptive names (Anatole Alejandro Larrabeiti Yáñez and Claudia Victoria Larrabeiti Yáñez). 6. He indicates that on August 22, 1995, the Larrabeiti Yáñez siblings initiated the administrative procedures in Argentina to be able to receive the extraordinary benefit of Law No. 24,411, for the successors of the victims of forced disappearance. In addition, he notes that due to the “Full Stop” law (No. 23,492) and the “Due Obedience” law (No. 23,521), as well as the pardons decreed by President Carlos Menem (No. 1002/98 and others), after the return to democracy it was not possible to investigate the facts in order to identify, prosecute, or punish the direct perpetrators and masterminds, or to learn the fate of Mario Julien and Victoria Grisonas or, if they have died, to locate their remains. He alleges that therefore they only had the civil action as the sole legal means available to get to the truth. And so on May 22, 1996, the siblings filed a civil action against the Argentine State (Case No. 14,846/96) for the damages caused them both as son and daughter of parents who were disappeared and for the suffering caused them personally. On filing that civil action, the procedures for recognition of the extraordinary benefit of Law No. 24,411 were suspended. 7. The petitioner notes that the Executive assigned the matter to Office of the Attorney General for the Treasury by Decree No. 1025/96, signed by then-President of the Nation Carlos Menem and Interior Minister Carlos Corach, for it to assume the defense of the State in that dispute The fourth preambular paragraph of that Decree established: “That the father of the minor children may have been transferred to the Oriental Republic of Uruguay and have remained detained at the ‘Libertad’ Military Prison Establishment.” The petitioner alleges that while it was anomalous for a decree assigning a matter for legal defense of the State to include such conjecture, which in turn clashed with the fragmented and incomplete information that the Larrabeiti Yáñez

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