17.
In this respect, the State notes that in the phase of the investigation known colloquially as “Orletti I,”
captioned “Guillamondegui, Néstor Horacio and one other re: aggravated deprivation of liberty, aggravated
imposition of torments, and aggravated homicide,” on May 11, 2011 Federal Oral Court No. 1 convicted Eduardo
Alfredo Ruffo, Raúl Antonio Guglielminetti, Honorio Carlos Martínez Ruiz, and Eduardo Rodolfo Cabanillas to
sentences ranging from 20 years in prison to life in prison for the illegal deprivation of liberty of and imposition
of torments on Victoria Grisonas. That judgment was upheld by the Supreme Court, so it is a firm judgment.
The State indicates that while it was not part of the procedural subject matter of the case, that judgment
mentioned that along with Victoria Grisonas, her son and daughter were illegally deprived of liberty, and that
her husband was killed in that operation, and that since then and to this day he has been disappeared. It states
in this regard that the case is fully under way in relation to the facts related to the kidnapping and unlawful
deprivation of liberty of Victoria Grisonas and her son and daughter; several evidentiary steps are still pending,
many of them requested in the private complaint filed by Anatole Larrabeiti Yáñez.
18.
In addition, the State notes that on September 11, 2017 Rolando Oscar Nerone and Oscar Roberto
Gutiérrez, who worked in the Department of Foreign Affairs of the Federal Superintendency of Security of the
Argentine Federal Police, were convicted by Federal Oral Tribunal No. 1 in the case known as “Orletti III,” and
sentenced to six years in prison for the kidnapping of Victoria Grisonas, and absolved in the homicide of Mario
Julien. It also indicates that the case “Vallejo, Orestes et al. re/Aggravated illegal deprivation of liberty,” which
is before Federal Court No. 3 of Investigation of Criminal and Correctional Matters, Secretariat No. 6, is in the
investigative phase.
19.
According to the State, the Secretariat for Human Rights and Cultural Pluralism is a complainant in
most of the cases in which crimes against humanity are being investigated, including those referring to
“Automotores Orletti.” It indicates that the Secretariat for Human Rights asked that Oscar Rolando Nerone and
Oscar Roberto Gutiérrez be sentenced to life in prison as co-perpetrators for the kidnapping of Victoria
Grisonas and the homicide of Mario Julien, characterizing them as crimes against humanity. It also notes that
the victims have the right to bring a private accusation, as private accusers, which in no way can be understood
as an obligation, as the exercise of this right is voluntary.
20.
The State also indicates that in Criminal Case No. 1351 “Nicolaides Cristino et al. re/kidnapping,
holding, and concealing minors,” known colloquially as “Systematic Plan,” captioned “Franco, Rubén O. et al.
re/kidnapping of children under 10 years of age,” on July 6, 2012 Federal Oral Tribunal No. 6 convicted Jorge
Rafael Videla as perpetrator of the crimes of kidnapping, holding, and hiding children under 10 years of age, in
the case of the Larrabeiti Yáñez siblings.
21.
With respect to damages for the suffering inflicted on the Larrabeiti Yáñez siblings and their parents,
the State indicates that the Supreme Court declared the action time-barred because no reasons were given for
why the adoptive parents would have been temporarily impeded from filing the action at least as of 1986, the
year in which the CONADEP report was published. It states that in that judgment the Supreme Court indicated
that a favorable ruling on the objection according to which the limitations period had run does not mean one
cannot secure reparation for the harm through the reparation laws, Law 24,411 and Law 25,914. The State
mentions that the Supreme Court has upheld the criterion according to which the imprescriptibility of civil
actions derived from crimes against humanity does not apply to cases in which the limitations period was
running at the time the new Civil and Commercial Code came into force; it made that ruling on March 28, 2017,
in a case not related to the case of the Larrabeiti Yáñez siblings.
22.
As regards the alleged lack of adequate reparation, the State concludes that the laws on reparation are
the adequate mechanisms for a satisfactory response to pecuniary claims. It notes that they recognized a special
benefit for those persons who had not brought the respective actions for damages in the general limitations
period, which is why the State responded in keeping with the principles of distributive justice to avoid a
situation in which the victims would be deprived of any relief. The State reports that in the instant case the
administrative procedures established in Law 24,411 and Law 25,914 were instituted in the name of Mario
Julien and Victoria Grisonas. Initially they were archived, given that there was a trial against the State; in
response to filings by the representative of the Larrabeiti Yáñez siblings, in 2016 they were reactivated. In its
last communication filed in 2018 the State indicates that if to date the siblings have not had access to these