that the Inter-American Court has considered international protection by means of the refugee status as a
category banning discrimination and requiring special measures from the state, the Commission considers that
the forced disappearance of Mario Julien is especially aggravated by the fact that he is a refugee.127
118.
Regarding Anatole and Victoria Larrabeiti Yáñez, the Commission must examine if the facts that have
been established in the instant case match the concept of forced disappearance. The Commission observes that
there is no dispute about their illegal detention by state agents in the operation of September 26, 1976 when
they were 4 years old and 16 months of age, respectively, at the time. It has also been confirmed that they were
taken together with their mother to “Orletti,” where they remained until October, at which time they were
transferred secretly to Uruguay and afterwards to Chile in December 1976 and were abandoned in a public
square in the city of Valparaíso on December 22. The Commission considers that, as in the Case of Gelman
previously cited in the present report, in this case the purpose or effect of the abduction of the siblings was “to
let the incident be unknown for the lack of information about their fate or whereabouts or the refusal to
acknowledge it.” The Court has made similar rulings in a series of cases in El Salvador, characterizing similar
situations as forced disappearance.128
119.
Therefore, the Commission concludes that the situation of Anatole and Victoria Larrabeiti Yáñez must
also be characterized as forced disappearance, which came to an end when they recovered their identities and
their biological kinship was reestablished on August 2, 1979. The Commission notes that, regardless of whether
or not the fate and whereabouts of the siblings were ascertained a posteriori and that, for a significant part of
their forced disappearance, they were outside Argentina’s territory, their forced disappearance had its initial
start and was carried out in Argentina, and its perpetration and continuity was possible because of the actions
of agents of the state of Argentina, as a result of which it can be held liable for what happened, even outside its
jurisdiction but as a consequence of said actions. This is all the more evident, taking into account that, according
to the consolidated approach of the bodies of the inter-American system in the matter, the forced
disappearance, because of its complex and continuous character, must not be fragmented.
120.
Regarding this, the IACHR notes that agents of the state of Argentina were involved in the design and
implementation of the military operation that led to their illegal detention, as well as in their transfer and stay
in a clandestine detention center. Likewise, Argentinian agents participated or at least permitted or covered up
the clandestine transfer of the minors abroad, forcing them to leave their country of residence without any kind
of border controls. As indicated, the multiple and complex nature of forced disappearance does not make it
possible to split up this type of crime, especially considering that the goal of Argentina’s authorities when
transferring the siblings abroad was to leave them in a kind of limbo or indeterminate legal situation and erase
all traces of their existence, as well as the atrocities perpetrated against their family. As established by the
above-mentioned case law, in this type of case, forced disappearance only ceases when the victim is guaranteed
the legal and factual possibility of recovering his or her true identity. Therefore, in the instant case, that ceased
when the Larrabeiti Yáñez siblings recovered their identity on August 2, 1979.
121.
Finally, the IACHR wishes to highlight the emblematic nature of the instant case, as well as its extreme
gravity, because it deals with one of the most unimaginable and reproachable forms of violence against a child.
The Larrabeiti Yáñez siblings were the first disappeared children who were recovered, and this occurred at a
time when the dictatorships of the Southern Cone were still in force. Because of this case, the magnitude and
horror of the systematic repression of human rights and the repressive coordination of the Southern Cone
dictatorships were revealed for the first time, a system that did not show the least respect for most basic human
rights of those persons who, like the siblings Anatole y Victoria, were in a situation of total defenselessness. As
established in the above-mentioned inter-American case law, the aggravated situation of vulnerability is all the
more intense when it encounters a systematic pattern of human rights violations and involves children, because
their unlawful abduction from their biological parents jeopardizes their life, survival, and development.
I/A Court H.R. Case of I.V. v. Bolivia. Preliminary Objections, Merits, Reparations, and Costs. Judgment of November 30, 2016. Series C
No. 329, para. 240.
128 I/A Court H.R. Case of Contreras et al. v. El Salvador. Merits, Reparations, and Costs. Judgment of August 31, 2011. Series C No. 232,
paras. 80-94; and Rochac Hernández et al. v. El Salvador. Merits, Reparations, and Costs. Judgment of October 14, 2014. Series C No. 285,
paras. 92-97.
127