129. Along these same lines, the need for a comprehensive treatment of forced disappearance
has also led this Court to analyze it as a complex, joint violation of several rights recognized
in the American Convention through a compound set of behaviors that, exercised toward a
single purpose, violate continuously, for as long as they persist, the legal rights protected by
the Convention—in particular, the rights to recognition of juridical personality, life, personal
integrity, and personal liberty, enshrined in Articles 3, 4, 5, and , respectively. 158
B.1. Forced disappearances of Victoria Lucía Grisonas Andrijauskaite and
Mario Roger Julien Cáceres
130. In accordance with the determination of facts made in this Judgment, the Court recalls
that the operation carried out on September 26, 1976, at the home of the Julien Grisonas
family, in which members of the Argentine police and military forces participated, 159 took place
during a period in which the forced disappearance of persons was a systematic practice
undertaken in the context of "State terrorism" 160 (supra paras. 59 to 68 and 88 to 91). As
Argentina explicitly indicated, these facts are not in dispute.
131. Thus, toward preservation of historical memory and the pressing need to prevent
recurrence of such facts, 161 the Court highlights the context of systematic human rights
violation that characterized the 1976-1983 period in Argentina, during which the "fight against
subversion" took the form of both an internal policy of repression of the civilian population,
and coordination with the dictatorial governments of other states, exercised within the
framework of "Operation Condor," whose objective was the persecution and elimination of
political opponents to the dictatorial regimes that ruled the Southern Cone at the time. 162 To
this end, the coordination efforts opened effective channels of communication and joint work
among the different investigative agencies and the State security forces, to the point of
allowing foreign agents to operate in the territory of another State in order to carry out
counterinsurgency actions. 163
132. The Argentine-Uruguayan coordination, deployed in the framework of Operation Condor,
ended up—due to the number of victims and the effectiveness of the applied
case no. 1574/2014/RH1, “Bignone, Reynaldo Benito Antonio et al. on extraordinary appeal”; Plurinational
Constitutional Court of Bolivia, Constitutional Judgment No. 1190/01-R of November 12, 2001; Constitutional Court
of the Republic of Colombia, Judgment C-580/02 of July 31, 2002; Supreme Court of Justice of the Nation of Mexico,
Thesis: P./J. 87/2004, Forced disappearance of persons. The term for prescription begins from the moment the victim
is located or their fate has been established; Constitutional Court of the Republic of Peru, Judgment of March 18,
2004, Exp. No. 2488-2002-HC/TC, and Constitutional Court of the Republic of Guatemala, Judgment of July 7, 2009,
case file 929-2008.
158
Cf. Inter alia, Case of Velásquez Rodríguez v. Honduras. Merits, supra, pars. 150, 155 a 158, 186, and 187;
Case of Godínez Cruz v. Honduras. Merits. Judgment of January 20, 1989. Series C No. 5, pars. 158, 163 to 167,
196, and 197; Case of Anzualdo Castro v. Peru. Preliminary Objections, Merits, Reparations, and Costs. Judgment of
September 22, 2009. Series C No. 202. pars. 68 to 103, and Case of Isaza Uribe et al. Colombia. Merits, Reparations,
and Costs. Judgment of November 20, 2018. Series C No. 363, par. 81.
159
Specifically, agents from the State Information Secretariat, the Department of Foreign Affairs of the Federal
Security Superintendence of the Federal Police, and military personnel participated (supra par. 88).
160
The United Nations Working Group on Enforced or Involuntary Disappearances was created in 1980 “as an
outlet to address and investigate the thousands of complaints against Argentina” filed before the then Commission
on Human Rights, resulting from “[t]he massive and systematic way in which [t]he dictatorship […] carried out [this]
practice.” Cf. Human Rights Council, Report of the Working Group on Enforced or Involuntary Disappearances, Mission
to Argentina, January 5, 2009, UN Doc. A/HRC/10/9/Add.1, para. 9.
161
Cf. Case of Goiburú et al. v. Paraguay, supra, par. 93.
162
Expert witness Francesca Lessa stated that the coordination making "Operation Condor" possible was used
specifically "to silence the voice of opposition political parties and groups operating from exile." Cf. Expert report
signed by Francesca Lessa (evidence file, volume XII, affidavits, folio 16998).
163
Cf. Nunca Más. Informe de la Comisión Nacional sobre la Desaparición de Personas, Buenos Aires, Eudeba,
1984, chapter I.A, “La coordinación represiva en Latinoamérica,” and expert opinion signed by Francesca Lessa
(evidence file, volume XII, affidavits, folios 16993 and 16994).
37