Julien Grisonas family,” which are not eligible to benefit from amnesty. It pointed out that
pursuant to inter-American case law, while these laws were in force and being applied, the
State was violating Articles 8(1) and 25 of the Convention, read in conjunction with Articles
1(1) and 2 thereof, as well as Article I, paragraph (b), of the ICFDP.
150. The representative noted that these laws constituted a “legal wall of impunity that
block[ed] accusations and criminal actions.” Such impediments “forced those who wanted to
know the [truth] to undertake extensive civil actions with an obvious and substantial reduction
in investigative powers and an evidentiary framework that was more restrictive.”
151. The State argued that the laws were declared “permanently null and void” by the
National Congress in 2003 and “without effect” by the Supreme Court of Justice of the Nation
in 2005, thereby “invalidating the impunity laws and decrees and all their effects.” It added
that in the cases brought with regard to the facts committed to the detriment of the Julien
Grisonas family, “energetic enforcement of the Convention" was applied in the form of the
rejection of attempts to apply amnesties and pardons.
A.2. Regarding the investigations aimed at clarifying what happened and
punishing those responsible and guaranteeing a reasonable time
152. The Commission noted that in 2017, two former police officers were convicted of the
unlawful deprivation of liberty of Ms. Grisonas Andrijauskaite. Although the ruling considered
it proven that Julien Cáceres was murdered, the defendants were acquitted of the crime. In
the appeals phase, the decision was partially overturned. Because "no ruling has been
delivered,” the "facts remain in impunity," and consequently, the State is responsible for the
violation of Articles 8(1) and 25 of the Convention, read in conjunction with Articles 1(1) and
2, and Article I(b), of the ICFDP. Regarding the acts committed against Anatole and Victoria,
it argued that after the case was brought before this Court, four people were convicted, which
"constitutes a fundamental step toward obtaining justice for the victims."
153. It added that, notwithstanding the complexity of the process, “45 years after the events
[…] and 18 years since the legal obstacles were lifted,” those responsible for the disappearance
of Julien Cáceres have still not been punished, nor have his fate and whereabouts been
determined, and the same is true for Ms. Grisonas Andrijauskaite. 183
154. The representative indicated that the establishment of responsibilities for "the
homicide" of Julien Cáceres is pending, as well as "the handling [...] of what was known as
'spoils of war.'" It indicated that neglect of the duty to investigate constitute violations of the
rights to judicial guarantees and judicial protection.
155. The State argued that although those accused of the murder of Julien Cáceres were
acquitted, the decision was overruled. It pointed out that, the end result aside, the
investigation made it possible "to reconstruct the circumstances" of what happened. It
indicated that the State cannot be found responsible for “failing to charge and prosecute”
persons “who are not subject to its jurisdiction,” whose extradition was deferred. It argued
that there is no “situation of impunity” regarding the facts.
156. It indicated that the cases filed constitute "mega-trials" involving prosecution of serious
and systematic human rights violations. It argued that the expert witnesses Méndez and
Parenti referred to the strategy of moving cases forward “by sections,” which “is in keeping
with the prioritization standards […] established under international law,” such that “it is hard
In its final written arguments, the Commission asked that the State be declared internationally responsible for
the violation of Articles 3, 4(1), 5, 7(1), 8(1), and 25(1) of the American Convention, in relation to its Articles 1(1)
and 2 of that instrument, as well as Articles I, paragraphs (a) and (b), and III of the ICFDP.
183
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