Republic” 92 establishes the following in its pertinent part:
Article 1 - An ex gratia pension is established for those persons who, as of December 10, 1983, meet any
of the following requirements: (a) have been […] deprived of their liberty as a result of the actions of the
Armed Forces, Security Forces or any other group […]. The beneficiary status of those covered by Laws
25,914 and 24,043 shall be automatic, as their situation has been demonstrated […].
Article 5 - The benefit […] shall be equal to the monthly remuneration assigned to Category D Level 0
(zero), Unclassified Permanent Staff […] of the salary scale of the National Public Employment System […].
84. Regarding the statute of limitations, the Civil and Commercial Code of the Nation, Law
26,994 93 establishes in its article 2560, 94 first paragraph, the following: "Civil actions
stemming from crimes against humanity are not eligible for the statute of limitations."
C. Facts committed to the detriment of the Julien-Grisonas family
85. This Court will proceed to determine the facts perpetrated against the alleged victims
based on the evidence provided, 95 for which it will take into account that the factual framework
set forth in the Report on the Merits (supra para. 55) is not in question.
C.1. The Julien-Grisonas family
86. The Julien Grisonas family was comprised of Mario Roger Julien Cáceres and Victoria
Lucía Grisonas Andrijauskaite, along with their children, Anatole Boris and Victoria Eva (supra
footnote 1). Julien Cáceres was born in Montevideo, Uruguay, on April 29, 1943. Ms. Grisonas
Andrijauskaite was born in Buenos Aires, Argentina, on April 16, 1945 and subsequently
obtained Uruguayan nationality. They were married on December 27, 1968. Anatole Boris was
born in Montevideo, Uruguay, on September 25, 1972, and Victoria Eva was born in Buenos
Aires, Argentina, on May 7, 1975.
87. Mario Roger Julien Cáceres worked as a ceramicist and graphic artist in Uruguay, where
he was also a student at the School of Fine Arts. He was part of the political opposition and a
member of the Partido por la Victoria del Pueblo (Party for the Victory of the People, PVP). He
was prosecuted and held in custody in the Punta Carretas prison in Uruguay, from which he
fled in September 1971 as part of a mass escape. In 1973, before the establishment of the
Law No. 26,913, “Reparations Regime for former Political Prisoners of the Argentine Republic,” enacted on
December 16, 2013. Article 6 establishes: “The Human Rights Office of the Ministry of Justice and Human Rights of
the
Nation
will
be
the
body
in
charge
of
applying
this
regime
[…].”
Available
at:
http://servicios.infoleg.gob.ar/infolegInternet/anexos/220000-224999/224027/norma.htm.
93
Law No. 26,994, "Civil and Commercial Code of the Nation,” enacted on October 7, 2014 and in force as of
August 1, 2015 (article 7). Available at: http://servicios.infoleg.gob.ar/infolegInternet/anexos/235000239999/235975/texact.htm.
94
The original text of article 2560 established as follows: “Generic term. The term for prescription shall be five
years, unless a different term is established in local legislation.” For its part, the original text of the last paragraph of
article 2561 established as follows: "Civil actions derived from crimes against humanity are not eligible for
prescription."
Available
at:
http://servicios.infoleg.gob.ar/infolegInternet/anexos/235000239999/235975/norma.htm. Both articles were amended by Law No. 27,586, enacted on December 15, 2020, to
incorporate the current regulation of article 2560 and repeal the last paragraph of article 2561. Available at:
http://servicios.infoleg.gob.ar/infolegInternet/anexos/345000-349999/345233/norma.htm.
95
Cf. Inter alia, File No. 2951 (Julien Cáceres, Mario Roger) of the final report of CONADEP (evidence file, volume
II, procedure before the Commission, folios 1729 to 1735); File No. 2950 (Grisonas, Victoria Lucía) of the final report
of CONADEP located in case file No. 14,846/96 (evidence file, volume XV, evidence to facilitate adjudication of the
case, folios 17905 to 17909); Judgment issued by Chamber II of the National Federal Administrative Court of Appeals
on November 4, 2004, case No. 14,846/96, which appears in the CUDAP file: EXP-SO4:0055600/2016, Ministry of
Justice and Human Rights (evidence file, volume IV, annex 6 to the answering brief, folios 2930 to 2947); Resolution
issued by National Federal Criminal and Correctional Court No. 3 on May 19, 2011, case No. 2637/04 (evidence file,
tome I, annex 1 to the Report on the Merits, folios 6 to 167), and Judgment issued by the Oral Federal Criminal Court
No. 1 on March 3, 2021, case No. 3002 (evidence file, volume X, annexes on supervening facts, folios 16016 to
16882).
92
25