protection, enshrined in Articles 3, 4(1), 5, 7(1), 8(1), and 25(1) of the American Convention,
read in conjunction with Articles 1(1) and 2 thereof; Articles I, paragraphs (a) and (b), and
III of the Inter-American Convention on Forced Disappearance of Persons (hereinafter also
“ICFDP”); as well as Articles 1, 6, and 8 of the Inter-American Convention to Prevent and
Punish Torture (hereinafter also “ICPPT”), to the detriment of Mario Roger Julien Cáceres,
Victoria Lucía Grisonas Andrijauskaite, Anatole Alejandro Larrabeiti Yáñez, and Claudia Victoria
Larrabeiti Yáñez. The Commission asked the Court to order a series of measures of reparation.
II
PROCEEDINGS BEFORE THE COURT
6.
Notification to the State and the representative. The State 3 and the representative were
notified of the submission of the case on February 16, 2020. 4
7.
Brief with pleadings, motions and evidence. On May 25, 2020, the representative
presented the brief with pleadings, motions, and evidence (hereinafter “pleadings and motions
brief”) pursuant to Articles 25 and 40 of the Court’s Rules of Procedure. The petitioner broadly
agreed with the Commission's arguments and indicated that it “shared the conclusions and
recommendations” included in the Report on the Merits. Additionally, it argued that there had
been multiple delays, omissions, and refusals to investigate "crimes known generically" at the
time of the events as "spoils of war," in reference to "looting, occupa[tion] and usurpa[tion]”
of the assets of the Julien Grisonas family. The representative also requested a series of
measures of reparation.
8.
Brief with preliminary objections and answering brief. On August 5, 2020, the State
submitted to the Court its brief answering the Commission’s application and Report on the
Merits and the representative’s pleadings and motions brief (hereinafter “answering brief”).
In its brief, the State raised four preliminary objections. It asked that it be declared not
internationally responsible for the alleged violations and, consequently, that no reparation
measures be ordered.
9.
Observations on the preliminary objections. In briefs of October 23, 2020, the
representative and the Commission presented their observations on the preliminary
objections.
10. Public hearing. In an order issued March 24, 2021, the President of the Court summoned
the parties and the Commission to a public hearing on preliminary objections and possible
merits, reparations and costs. 5 In a letter dated March 27, 2021, the representative requested
reconsideration of certain points of this order. 6 The Court partially granted the request through
In a communication dated June 15, 2020, the State appointed Alberto Javier Salgado as principal agent, and
Gonzalo Luis Bueno and Andrea Viviana Pochak as alternate agents. Also, via a communication dated August 5, 2020,
Argentina appointed Gabriela Laura Kletzel and Rodrigo Robles Tristán as alternate agents.
4
On
March
17,
2020,
the
Court
issued
Resolution
1/20
(available
at:
https://www.corteidh.or.cr/docs/comunicados/cp_18_2020_eng.pdf), ordering suspension of calculation of all
deadlines due to the World Health Organization’s declaration of a pandemic from the spread of COVID-19 and in
response to the "National Health Guidelines for the Monitoring Coronavirus Infections" issued by the Ministry of Public
Health of the Republic of Costa Rica. Through Resolution 2/20 of April 16, 2020 (available at:
https://www.corteidh.or.cr/docs/comunicados/cp_28_2020_eng.pdf), the suspension was extended through May 20,
2020.
5
Cf. Case of Julien Grisonas et al. v. Argentina. Call to hearing. Order of the President of the Inter-American
Court
of
Human
Rights
of
March
24,
2021.
Available
in
Spanish
at:
http://www.corteidh.or.cr/docs/asuntos/grisonas_y_otros_24_03_21.pdf.
6
In its request for reconsideration, the representative asked that Anatole Alejandro Larrabeiti Yáñez and expert
witness Francesca Lessa be required to testify at a public hearing.
3
6