301. The Court recalls that if national mechanisms exist to determine forms of reparation,
these procedures and their results should be evaluated 315 to ensure that they meet standards
of objectivity, reasonableness, and effectiveness for adequately redressing the rights
violations declared by the Court. 316 In this regard, the Court takes a positive view of efforts
already undertaken by the Argentine State to fulfill its duty to provide reparations to the
victims of the serious events that occurred during the period 1976-1983. These efforts are
reflected in the benefits provided, including through Laws 24,411, 25,914, and 26,913.
Likewise, the Court recalls that the administrative procedures were initiated to obtain the due
benefits for the victims of this case, which, to date, have not resulted in the payment of
specific compensation 317 (supra paras. 115 to 117).
302. Thus, given the current status of these procedures, the Court deems it pertinent to take
into account the amounts proposed by the State for pecuniary damages and specifically under
the headings discussed herein. In this regard, Argentina, in its answering brief, presented a
breakdown of the sums that stand to be awarded to the victims as benefits provided for under
Laws 24,411 and 25,914. 318 Specifically, Anatole and Victoria “will have access to an estimated
lump sum […] equivalent to USD 491,506.00 (four hundred ninety-one thousand five hundred
two dollars of the United States of America).” 319
303. This Court finds that the amount indicated is reasonable, in view of the violations
declared in this Judgment and its awards in previous cases involving the facts similar to those
at issue here. Therefore, with regard to the reparations related to loss of future earnings
corresponding to Julien Cáceres and Ms. Grisonas Andrijauskaite, the State must pay both
victims, Anatole Alejandro Larrabeiti Yáñez and Claudia Victoria Larrabeiti Yáñez, the
aforementioned sum of USD 491,502.00 (four hundred ninety-one thousand five hundred two
dollars of the United States of America), divided into equal parts to be disbursed within one
year from the notification of this Judgment. For this purpose, if considered pertinent and as
long as the amount, term and other established conditions are met (infra paras. 323 to 326),
the State may make the payment through the administrative mechanism that have been
implemented for reparations.
304. Because they do not meet the criteria defined in its case law on pecuniary damages, the
Court does not accept the claims of the representative regarding the “substitute reparation
for harm […] consisting of the loss of life” of the parents of Anatole and Victoria, nor the claims
regarding loss of future earnings that it argued impacted the victims. Likewise, given that this
Cf. Case of Cepeda Vargas v. Colombia. Preliminary Objections, Merits, Reparations, and Costs. Judgment
dated May 26, 2010. Series C No. 213, par. 246; and Case of Almeida v. Argentina, supra, para. 48.
316
Cf. Case of Cepeda Vargas v. Colombia, supra, par. 246, Case of Vereda La Esperanza v. Colombia, supra,
par. 303.
317
Cf. Statement by Anatole Alejandro Larrabeiti Yáñez, given at a public hearing before this Court.
318
Although in its final written arguments, Argentina made reference to the “impact [of] the pandemic” on the
economy, alluding to an “approximation” of the amounts that would be granted, on this later occasion it did not
specify the amounts nor did it present a detailed breakdown, so the Court takes into account, for the pertinent
purposes, the amounts identified in the answering brief.
319
The State indicated that, pursuant to the aforementioned reparatory laws, the benefits amount to the following
sums, expressed in the currency of the Argentine Republic: a) for detention, individually, ARS 1,965,247.60 (one
million nine hundred sixty-five thousand, two hundred forty-seven pesos and sixty cents; (b) for replacement of
identity, individually, ARS 6,255,516.00 (six million two hundred fifty-five thousand five hundred sixteen pesos; (c)
for having suffered extremely serious injuries, individually, ARS 3,930,495.20 (three million nine hundred thirty
thousand four hundred ninety-five pesos and twenty cents), and if such injuries are classified as serious, individually,
ARS 2,947,871.40 (two million nine hundred forty-five seven thousand eight hundred seventy-one pesos and forty
cents), and (d) for the forced disappearance of Victoria Lucía Grisonas Andrijauskaite and Mario Roger Julien Cáceres,
for each one, ARS 6,255,516.00 (six million two hundred fifty-five thousand five hundred sixteen pesos). For the
purposes of its equivalent in dollars of the United States of America, the State indicated that it had applied the
“retailer-seller exchange rate” of “ARS 74.90,” according to information from the Central Bank of the Argentine
Republic as of July 13, 2020.
315
75