TABLE OF CONTENTS
I INTRODUCTION OF THE CASE AND CAUSE OF ACTION
5
II PROCEEDINGS BEFORE THE COURT
6
III JURISDICTION
8
IV PRELIMINARY OBJECTIONS
8
A. Preliminary objection of lack of jurisdiction ratione temporis
8
A.1. Arguments of the parties and of the Commission
8
A.2. Considerations of the Court
9
A. Preliminary objection of lack of jurisdiction ratione materiae
11
B.1. Arguments of the parties and of the Commission
11
B.2. Considerations of the Court
11
C. Preliminary objection of failure to exhaust domestic remedies as regards harm involved in
the alleged violation of Articles 8 and 25 of the Convention, in connection with the breach of
the duties to provide reparations for human rights violations and adapt domestic law
11
C.1. Arguments of the parties and of the Commission
11
C.2. Considerations of the Court
12
D. Preliminary objection for violation of the right to defense and international due process to
the detriment of the Argentine State
13
D.1. Arguments of the parties and of the Commission
13
D.2. Considerations of the Court
13
V EVIDENCE
14
A. Admissibility of the documentary evidence
14
B. Admissibility of expert statements and evidence
17
VI FACTS
18
A. Context
18
A.1. The dictatorship in Argentina during the period 1976-1983
18
A.2. The plan for systematic repression during the dictatorship
19
A.3. Coordinated repression in the context of “Operation Condor”
19
A.4. The “Automotores Orletti” secret detention and torture center
21
A.5. Report of the National Commission on the Disappearance of Persons (CONADEP) and
other actions aimed at establishing and providing reparations for what happened during the
military government
21
B. Relevant legal framework
23
C. Facts committed to the detriment of the Julien-Grisonas family
25
C.1. The Julien-Grisonas family
25
C.2. The operation of September 26, 1976
26
C.3. Detention in “Automotores Orletti” and subsequent transfer of Anatole and Victoria to
Uruguay and Chile
27
C.4. The search for and discovery of Anatole and Victoria by their biological grandmother 27
D. Judicial and administrative processes carried out
28
D.1. Criminal processes
28
2