and Victoria,” who “still do not understand why the State did not invite them to participate in the conversations with the EAAF, or at least inform them of the report.” 163. The State argued that identifying the remains of disappeared persons is an essential part of its memory, truth, and justice policy. It indicated that the investigation led to the “determination that the remains [of Julien Cáceres] were secretly interred in the San Martín Municipal Cemetery.” However, the remains were transferred to the cemetery’s general ossuary, which, according to the EAAF, “makes identifying them difficult." It added that the failure to clarify the fate of Ms. Grisonas Andrijauskaite must be understood in the context of a "precise technology aimed at guaranteeing impunity." Argentina expressed “its commitment to [its] inalienable duty to continue trying to clarify [their] fate.” B. Considerations of the Court 164. The Court recalls that the obligation to investigate human rights violations is among the positive measures that States must adopt to guarantee the rights recognized in the American Convention. 184 This obligation also stems from other inter-American instruments. Indeed, in cases of forced disappearances, the obligation is reinforced by Article I(b) of the ICFDP. 185 Accordingly, in view of the particular seriousness of the forced disappearance of persons and the nature of the rights violated, the prohibition of its commission and the correlative duty to investigate and punish those responsible have reached the status of ius cogens. 186 165. The Court finds States’ compliance with their duty to investigate and punish serious human rights violations—such as the ones in this case—not only constitutes an international obligation, but also lays the groundwork essential for consolidating a comprehensive policy on matters of law in terms of establishing the truth, access to justice, effective measures of reparation, and guarantees of non-repetition. Thus, judicial processes aimed at clarifying what happened in contexts of systematic human rights violations can provide a space for public denunciation and accountability for the illegal acts committed; they build society’s trust in the legal system and in the work of its authorities, legitimizing their actions; they allow for social reconciliation processes that are based on knowledge of the truth of what happened and the dignity of the victims; and, ultimately, they strengthen collective cohesion and the rule of law. 187 166. Based on these considerations, the Court will examine the alleged violations, in the following order: (a) compliance with the duty to investigate and punish the forced disappearance of persons within a reasonable time; (b) the codification of the criminal offense of forced disappearance of persons in the Argentine legal system and the failure to apply it in this specific case, and (c) the search for Victoria Lucía Grisonas Andrijauskaite and Mario Roger Julien Cáceres and the right of their relatives to know the truth. B.1. Compliance with the duty to investigate and punish the forced disappearance of persons within a reasonable time Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, par. 166, and Case of Garzón Guzmán et al. v. Ecuador, supra, par. 66. 185 Cf. Case of Rodríguez Vera et al. (the Disappeared from the Palace of Justice) v. Colombia, supra, par. 437, and Case of Garzón Guzmán et al. v. Ecuador, supra, par. 66. 186 Cf. Case of Goiburú et al. v. Paraguay, supra par. 89, and Case of Rochac Hernández et al. El Salvador. Merits, Reparations, and Costs. Judgment of October 14, 2014. Series C No. 285, par. 92. 187 The Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-repetition has highlighted that criminal proceedings in transitional processes "give victims recognition as rights holders," "[s]erve [...] for the legal system to demonstrate that it is worthy of trust,” “strengthen the rule of law and […] contribute to social reconciliation”. Cf. Human Rights Council, Report of the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, Pablo de Greiff, UN Doc. A/HRC/27/56, August 27, 2014, par. 22. See, also, United Nations Security Council, Report of the Secretary General, The rule of law and transitional justice in conflict and post-conflict societies, U.N. Doc. Doc. S/2004/616, August 3, 2004, par. 39. 184 44

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