167. The Court has indicated that every person, including the relatives of the victims of human
rights violations, has the right to know the truth. 188 Essentially, the right to access to justice
must ensure, within a reasonable time period, the right of the alleged victims or their relatives
to know the truth about what happened and investigate it to prosecute and punish those
eventually found responsible. 189
168. The Court notes that in the present case, the Commission and the representative agree
regarding the situation of “impunity” for the acts committed to the detriment of Mario Roger
Julien Cáceres, as to date, those responsible for his enforced disappearance have not been
punished. Likewise, they point out that the processes initiated to investigate and determine
responsibilities for the facts that caused harm to the Julien Grisonas family were unjustifiably
delayed. Consequently, without prejudice to the specific arguments related to the search for
the whereabouts of the Julien Grisonas couple—which will be the subject of later analysis (infra
paras. 209 to 221)—no failure to act with due diligence in criminal investigations has been
alleged, since the allegations do not refer to flaws in the investigation, but to delay over time,
impacting the guarantee of the reasonable period of term.
169. The Court recalls that, regarding the facts that caused harm to the Julien Grisonas family,
starting with case No. 2637/04 before National Federal Criminal and Correctional Court No. 3,
five “tranches” or parts have been moved to oral proceedings before Oral Federal Criminal
Court No. 1 (supra paras. 101 to 107).
170. Thus, in case No. 1627 (“Automotores Orletti I”), the Oral Court convicted three people
in 2011 for the crimes of “illegitimate deprivation of liberty committed by a public official with
abuse of authority or without the formalities required by law, aggravated by the use of violence
or threats […] in conjunction […] with the crime of committing torture,” all to the detriment
of Ms. Grisonas Andrijauskaite. The judges ordered the following sentences: (a) 25 years in
prison and “absolute and perpetual disqualification” for a former intelligence agent, convicted
as co-perpetrator of acts committed against multiple victims; (b) 25 years in prison for another
defendant who did not exercise public functions, convicted as a necessary participant in acts
also committed against multiple victims; and (c) life imprisonment and “absolute and
perpetual disqualification” for a former soldier convicted as a co-perpetrator for acts
committed with respect to multiple victims. The sentence was upheld in 2013.
171. As for case No. 1976, prosecuted jointly with cases No. 1504, 1951, and 2054
(“Operation Cóndor,” “Plan Cóndor,” or “Automotores Orletti II”), in 2016 a former intelligence
agent of the State Information Secretariat was sentenced for the crimes of “illegitimate
deprivation of liberty committed by a public official with abuse of authority or without the
formalities prescribed by law, aggravated by the use of violence or threats, [...] coinciding
with the crime of committing torture,” to the detriment of Ms. Grisonas Andrijauskaite. The
sentence ordered for the convicted person, as a co-perpetrator in connection with acts
committed against multiple victims, was 25 years in prison and “absolute and perpetual
disqualification to hold public office.” The decision was upheld in 2018.
172. Regarding cases 2261 and 2390 (“Automotores Orletti III and IV”), in 2017, the Oral
Court convicted two people—former Federal Police agents—of the crime of “illegitimate
deprivation of liberty committed by a public official with abuse of authority or without the
formalities prescribed by law, aggravated by the use of violence or threats,” to the detriment
Cf. Case of Bámaca Velásquez v. Guatemala. Merits, supra, par. 181; Case of Carpio Nicolle et al. Guatemala.
Merits, Reparations, and Costs. Judgment of November 22, 2004. Series C No. 117, par. 128, and Case of Garzón
Guzmán et al. v. Ecuador, supra, par. 86.
189
Cf. Case of Bulacio v. Argentina. Merits, Reparations, and Costs. Judgment of September 18, 2003. Series C
No. 100, par. 114, and Case of Garzón Guzmán et al. v. Ecuador, supra, par. 82.
188
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