Cassation through the judgment of October 7, 2013. 114
103. On May 27, 2016, the Oral Court issued its verdict in cases 1504, 1951, 2054, and 1976,
whose reasoning was read out on August 9, 2016. In that judgment, the judges confirmed,
among other facts, that Ms. Grisonas Andrijauskaite “was illegally deprived of her liberty,”
“was transferred [to] Automotores Orletti […] [where] she was subjected to torture and
inhuman detention conditions,” and, “[to] date, she remains missing”. Based on this, one of
the defendants was sentenced 115 (infra para. 171). The judgment was upheld by Court IV of
the Federal Chamber of Criminal Cassation on May 4, 2018. 116
104. On September 11, 2017, the Oral Court delivered its verdict in cases 2261 and 2390.
The reasoning was issued on November 3, 2017. The judgment held as proven, among other
facts, that Ms. Grisonas Andrijauskaite “was illegally deprived of her liberty […] during an
operation […] carried out by […] members of the Argentine Army and personnel from the
Department of Foreign Affairs of the Federal Police.” “[Later] she was transferred [to]
Automotores Orletti together with her children,” and “[…] she remains missing.” Based on
this, two of the defendants were sentenced 117 (infra para. 172).
105. Within the framework of the same process, the Oral Court acquitted the defendants for
the “homicide” of Julien Cáceres. In this regard, the judgment found that on the day of the
operation, Julien Cáceres “escaped through the back of the house where he lived,” but “was
apprehended and transferred to the corner of Carlos Gardel […] and Miter streets, at which
location […] he was ‘gunned down.’” The judges argued that “[they] could not find that the
murder was part of the ‘shared plan’ designed by the State’s repressive forces, within the
framework of the ‘anti-subversive struggle.'” Consequently, “in view of a possible 'deviation'
from the ‘shared plan' […] they did not […] have evidence proving the defendants’ involvement
in that murder.” 118
106. For its part, on February 27, 2019, Court IV of the Federal Chamber of Criminal Cassation
partially annulled the ruling “as regards the incident that caused harm to” Julien Cáceres, and
upheld the rest of the decision. Thus, the Chamber ordered “[to return] the […] proceedings
to the a quo court for review.” 119 The defense attorneys filed extraordinary appeals against
this decision, which were denied by the same court. 120 In response, the defense filed a motion
for reconsideration of dismissal of appeal, which is awaiting a decision by the Supreme Court
of Justice of the Nation. In view of the foregoing, in September 2019, the Oral Court ruled
that “the jurisdictional body shall not rule [...] until the final judgment […] is issued, as
indicated by the Chamber.” 121
Cf. Official communication dated July 15, 2020 issued by the Prosecutor of the Office of the Prosecutor for
Crimes against Humanity of the Office of the Public Prosecutor of the Nation (evidence file, volume IV, annex 17 to
the answering brief, folio 12344), and official communication dated July 17, 2020 issued by National Federal Criminal
and Correctional Court No. 3 (evidence file, volume IV, annex 14 to the answering brief, folio 11000).
115
Cf. Judgment issued by Federal Oral Criminal Court No. 1 on August 9, 2016, case No. 1504, 1951, 2054, and
1976 (evidence file, volume IV, annex 8 to the answering brief, folios 7579, 7580 and 8850).
116
Cf. Judgment issued by Court IV of the Federal Chamber of Criminal Cassation on May 4, 2018, case No.
13445/1999 (evidence file, volume IV, annex 17 to the answering brief, folios 14231 to 14233).
117
Cf. Judgment issued by Federal Oral Criminal Court No. 1 on November 3, 2017, cases 2261 and 2390
(evidence file, volume IV, annex 13 to the answering brief, folios 10347, 10348, and 10977).
118
Cf. Judgment issued by Federal Oral Criminal Court No. 1 on November 3, 2017, cases 2261 and 2390
(evidence file, volume IV, annex 13 to the answering brief, folios 10514, 10768, 10779, 10780, 10784, and 10979).
119
Cf. Judgment issued by Court IV of the Federal Chamber of Criminal Cassation on February 27, 2019, case No.
2637/2004 (evidence file, volume IV, annex 17 to the answering brief, folios 14445, 14449, and 14488).
120
Cf. Order issued by Court IV of the Federal Chamber of Criminal Cassation on July 5, 2019, case No. 2637/2004
(evidence file, volume IV, annex 17 to the answering brief, folios 14489 to 14495).
121
Cf. Resolution issued by Federal Oral Criminal Court No. 1 in September 2019, case No. 2261 (evidence file,
volume IV, annex VII to the pleadings and motions brief, folios 2749 and 2750).
114
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