issued a judgment in which it granted the claim and ordered the State to pay “each of the
plaintiffs […] as many pesos as [were] necessary to acquire three hundred thousand United
States dollars.” 136 In response to appeals filed by the complainants and the State, on
November 4, 2004, Court II of the National Chamber of Appeals in Contentious-Administrative
Matters issued a judgment whereby it revoked the lower court decision regarding Anatole
Alejandro Larrabeiti Yáñez, declaring the suit “time-barred.” It also upheld the decision
regarding the suit of Claudia Victoria Larrabeiti Yáñez, changing “the compensation awarded”
to “ARS 250,000 [two hundred fifty thousand Argentine pesos].” 137
114. The complainants and the State appealed before the Supreme Court of Justice of the
Nation. In a judgment dated October 30, 2007, the court granted the State’s petition and
“declar[ed] that the suit [by the alleged victims] claiming non-contractual civil liability had
lapsed under the statute of limitations.” Consequently, it “reject[ed] the suit.” 138
D.3. Reparations sought before administrative forums
115. In 1995, Anatole Alejandro and Claudia Victoria Larrabeiti Yáñez requested the benefits
provided under Law 24,411 (supra para. 81) for the forced disappearance of their biological
parents. The processing of the respective administrative case files then began, with reference
to a judgment dated June 2, 1997, whereby the Civil and Commercial Matters Trial Court 10
of the Province of Buenos Aires, based on Law 24,321, 139 declared Mario Roger Julien Cáceres
and Victoria Lucía Grisonas Andrijauskaite “missing as a result of forced disappearance.” 140
116. Additionally, administrative files were processed following request for benefits under Law
25,914 (supra para. 82) for Anatole and Victoria. 141
117. The parties claim that no decisions have yet been issued from the different
administrative cases granting or denying the benefits requested.
VII
MERITS
118. This case concerns the scope of the Argentine State’s international responsibility for the
alleged forced disappearance of Mario Roger Julien Cáceres and Victoria Lucía Grisonas
Andrijauskaite, as well as the failure to adequately investigate, punish, and provide
reparations for acts of torture, forced disappearance, and other human rights violations
committed to the detriment of their children, Anatole and Victoria. To carry out its analysis of
the merits, the Court will proceed in the following order: (a) rights to recognition of juridical
Cf. Judgment issued by the National Federal Administrative Disputes Trial Court No. 4 on October 15, 2002,
found in CUDAP case file: EXP-SO4:0055600/2016, Ministry of Justice and Human Rights (evidence file, volume IV,
annex 6 to the answering brief, folio 2928).
137
Cf. Judgment issued by Court II of the National Chamber of Appeals in Federal Administrative Litigation on
November 4, 2004, which is recorded in CUDAP file: EXP-SO4:0055600/2016, Ministry of Justice and Human Rights
(evidence file, volume IV, annex 6 to the answering brief, folios 2945 to 2947).
138
Cf. Judgment issued by the Supreme Court of Justice of the Nation on October 30, 2007, found in CUDAP case
file: EXP-SO4:0055600/2016, Ministry of Justice and Human Rights (evidence file, volume IV, annex 6 to the
answering brief, folio 2955).
139
Law 24,321, enacted on June 8, 1994, establishes the following in its article 1: “Any person who as of
December 10, 1983, had disappeared involuntarily from the place of their domicile or residence, without any news of
his or her whereabouts shall be declared missing as a result of forced disappearance.” Available at:
http://servicios.infoleg.gob.ar/infolegInternet/anexos/0-4999/719/norma.htm.
140
Cf. CUDAP case file: EXP-SO4:0033011/2012, Ministry of Justice and Human Rights (evidence file, volume IV,
annex 7 to the answering brief, folios 3415 to 3633), and CUDAP case file: EXP-SO4:0030246/2012, Ministry of
Justice and Human Rights (evidence file, volume IV, annex 10 to the answering brief, folios 9204 to 9445).
141
Cf. CUDAP case file: EXP-SO4:0055600/2016, Ministry of Justice and Human Rights (evidence file, volume IV,
annex 6 to the answering brief, folios 2874 to 3414), and CUDAP case file: EXP-SO4:0066255/2015, Ministry of
Justice and Human Rights (evidence file, volume IV, annex 9 to the answering brief, folios 8855 to 9202).
136
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