of Ms. Grisonas Andrijauskaite. Both people were sentenced as co-perpetrators to six years in
prison and "[special disqualification] to hold public office for double the time of the prison
term." The judgment acquitted the two defendants of the crime of "aggravated homicide by
conspiracy" for the death of Julien Cáceres. In 2019, this acquittal was vacated. As of the date
of issuance of this Judgment, a ruling is awaited from the Supreme Court of Justice of the
Nation on a motion for reconsideration of the dismissal of appeal.
173. In case 3002 (“Automotores Orletti V”), a conviction was handed down in 2021 against
four people (previously prosecuted in the framework of cases 1627 and 1976) for the crimes
of “abduction, retention, and concealment of a minor under the age of 10 […] concurrent […]
with […] illegal deprivation of liberty committed by a public official with abuse of authority or
without the formalities prescribed by law, aggravated by the mediation of violence or threats,
concurrent […] with the […] imposition of torture,” to the detriment of Anatole and Victoria.
The judges found the defendants responsible for other acts committed to the detriment of
multiple victims and handed down sentences of "[life imprisonment and absolute and
perpetual disqualification from public service]," “comprehensive of what was ordered” in the
different prior processes.
174. Independently of the previous processes, in cases 1351, 1499, 1604, 1584, 1730, and
1772 (“Systematic plan for the appropriation of children”), in 2012, Federal Oral Criminal
Court No. 6 sentenced one of the former members of the first Military Junta that governed
during the dictatorship for the crimes of “abduction, retention, and concealment of a minor
under ten years of age in conjunction […] with rendering uncertain the civil status of a minor
under the age of ten,” to the detriment of Anatole and Victoria. The judges imposed on the
convict the “[single sentence of life imprisonment and absolute perpetual disqualification from
holding public office]” as the perpetrator of different crimes committed against multiple
victims.
175. The Court views positively the progress made by the Argentine authorities to identify,
prosecute, and punish those responsible for the acts committed against Ms. Grisonas
Andrijauskaite and her children, Anatole and Victoria, in the framework of the efforts
undertaken to clarify the serious human rights violations perpetrated during the 1976-1983
period. Thus, the handing down in 2021 of a conviction in connection with the facts of which
Anatole and Victoria were victims, means the State fulfilled its obligation to investigate and
punish the crimes committed against them, and therefore it would be out of order to hold the
State responsible for violation of Articles 1, 6, and 8 of the ICPPT.
176. Next, the Court will examine the guarantee of a reasonable time. The Court reiterates
that pursuant to Article 8(1) of the American Convention and as part of the right to justice,
the processes must be carried out within a reasonable time. 190 Therefore, in view of the need
to guarantee the rights of the affected persons, a prolonged delay may constitute, by itself, a
violation of judicial guarantees. 191 Evaluation of the reasonable time must be conducted for
each specific case with regard to the total length of the process, from the first procedural
action until the issuance of the final judgment, including the remedies that may be filed before
different instances. 192
177. The case law has established that four elements must be taken into account in
determining whether the guarantee of reasonable time is met, namely: (a) the complexity of
Cf. Case of Genie Lacayo v. Nicaragua. Merits, Reparations, and Costs. Judgment of January 29, 1997. Series
C No. 30, par. 77; Case of Guachala Chimbo et al. v. Ecuador. Merits, Reparations, and Costs. Judgment of March
26, 2021. Series C No. 423, par. 211, and Case of Garzón Guzmán et al. v. Ecuador, supra, par. 82.
191
Cf. Case of Hilaire, Constantine and Benjamin et al. v. Trinidad and Tobago. Merits, Reparations, and Costs.
Judgment of June 21, 2002. Series C No. 94, par. 145, and Case of Garzón Guzmán et al. v. Ecuador, supra, par. 82.
192
Cf. Case of Suárez Rosero v. Ecuador. Merits. Judgment of November 12, 1997. Series C No. 35, par. 71, and
Case of Ríos Avalos et al. v. Paraguay, supra par. 166.
190
46