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