172.
Furthermore, the Commission observes that, on July 5, 2012, Federal Oral Court No. 6 of the Capital
convicted Jorge Rafael Videla shortly before his death to 50 years of prison in the case known as the “Systematic
Child Abduction Plan” as the mastermind behind the crime of abduction, detention, and concealment of children
under 10 years of age, among whom Anatole and Victoria. The Commission notes, however, that to date no
material perpetrator or any other masterminds were punished for the illegal deprivation of liberty of the
siblings during the operation, the torture to which they were subjected for having been unlawfully detained in
a clandestine detention center and their subsequent unlawful transfer abroad, and the resulting forced
disappearance for almost three years. Therefore, according to available information, to date the crimes against
humanity against the Larrabeiti Yáñez siblings continue to go unpunished.
173.
Below, the Commission shall examine whether or not the criminal investigations conducted in the
instant case abided by the guarantee of reasonable time envisaged in Article 8.1 of the Convention on the basis
of the four elements established by inter-American case law. With respect to the complexity of the process,
bearing in mind that the incidents that are the subject of the investigations started in the seventies and involve
four victims, various perpetrators and masterminds, as well as state agents from various state institutions, the
Commission deems that it involved a complex investigation.
174.
With respect to the prosecution activities of the parties concerned, the IACHR reiterates that, in cases
of forced disappearance and torture such as the present one, international law and the general duty to
guarantee impose the obligation to investigate the case ex officio, immediately and in a genuine, impartial, and
effective manner; hence, it does not depend on the procedural initiative of the victim or his next of kin or on
the provision of evidence by private individuals. Despite this, the Commission notes that, on November 19,
2012, Anatole Larrabeiti Yáñez became a complainant in Case No. 2637/04 and has filed various court
proceedings.
175.
Regarding the conduct of judicial authorities, the Commission must examine, on the basis of available
information, the prosecution activities in the cases of “Orletti I” and “Orletti III,” as well as with respect to the
search for the remains of Mario Julien and Victoria Grisonas.
176.
The Commission does not have any information about the date on which these criminal investigations
started. Nevertheless, it is a proven fact that the indictment in the case of “Orletti I” was issued on September
6, 2006, that the judgment of conviction in the court of first instance was adopted on May 31, 2011, and that
the judgment in the court of second instance was issued on October 7, 2013. As for the case of “Orletti III,” on
the basis of information provided by the parties, as well as information in the public domain, it has been
ascertained that the indictment was issued on May 19, 2011, the judgment of conviction was issued on
September 11, 2017, and the judgment in the court of second instance was issued on February 27, 2019.
177.
From the body of evidence available to the IACHR, it was ascertained that, on September 18, 2017,
Anatole Larrabeiti Yáñez, as a complainant in Case No. 2637/04, requested the judge’s recusal from the case
because he had allegedly been responsible for many inexplicable delays in the investigations, and listed five
briefs filed over four years to urge investigation of the case, in response to which the judge had remained silent
or provided late and insufficient replies. Although the IACHR does not have documentation available that would
enable it to confirm these specific omissions, it is an undisputable fact that the investigation of the crimes
perpetrated against the Larrabeiti-Yáñez siblings is still being processed.
178.
Furthermore, as indicated above, ascertainment of the responsibilities for the disappearance of Mario
Julien continues to be pending, as the acquittal ruled in the court of first instance has been overturned and the
actions sent back to the lower court (a quo). The search for the remains of Mario Julien and Victoria Grisonas
is also pending. As indicated, on the basis of available information, there is no indication that, since the report
by the Director of the General San Martín Municipal Cemetery was submitted in the framework of Case No.
2637/04, actions have been taken to find the remains of Mario Julien. The IACHR concludes, therefore, that all
of the above is sufficient to establish that the procedural conduct of the state of Argentina led to a delay that is
beyond a reasonable period of time. The Commission believes it is important to specify, in addition, that in the
review of reasonable time, the impact on the Larrabeiti Yáñez siblings because of the duration of the
proceedings must be taken into account.