must be added the extreme anguish and uncertainty produced by their violent separation from their father and mother. Bearing in mind the young age of the victims, that is, 4 years old and 16 months of age, the Commission deems that the sole fact of remaining in said circumstances in a place of those characteristics is, in itself, an intense suffering, which is second constitutive element of torture. 133. As for the existence of a determined purpose or aim, the Commission observed that the siblings, after their unlawful detention during the operation, suffered the same fate as their mother with regard to their transfer to “Orletti.” Once they were in the detention center and their mother had disappeared, the state agents chose to keep them there instead of looking for another alternative, such as returning them to their family, as was their obligation in order to safeguard other rights that shall be examined separately in the present report, including the right to identity. For reasons unknown, probably because of what Anatole had witnessed, as he was at an age allowing him to be a living witness to all of the savagery of the repression that the dictatorships wished to conceal, the objective was to get rid of the siblings to eliminate whatever trace of the gruesome series of events which finally ended with the decision to secretly take them abroad. The Commission therefore considers that this purpose is sufficient to fulfill the third constitutive element of torture. 134. Furthermore, on the basis of inter-American case law, the Commission concludes that the state also violated the right to personal integrity recognized in Article 5.1 of the American Convention to the detriment of the Larrabeiti Yáñez siblings for the suffering caused by the disappearance of their father and mother and the search for justice, bearing in mind that, in cases involving forced disappearances, the very fact of disappearance causes, in direct next of kin, severe suffering to their right to mental and moral integrity, which is heightened, among other factors, by the refusal of state authorities to provide information about the whereabouts of the victim or to initiate an effective investigation to ascertain what happened.135 135. On the basis of what has been described, the Commission concludes that the state of Argentina is responsible for the perpetration of acts of torture, which violated Article I of the American Declaration, to the detriment of Victoria Grisonas and the Larrabeiti Yáñez siblings, in connection with its Article VII. In addition, the Commission concludes that Article 5.1 of the American Convention was violated with respect to the siblings because of the suffering caused by the forced disappearance of their father and mother, which persists to date, as well as the prolonged denial of justice and reparations for these events. D. Rights to protection of the family, to private and family life, to a nationality, and to residence and freedom of movement (Articles VI, V, XIX, and VIII of the American Declaration136), in connection with its Article VII 1. General considerations about the rights to an identity, to a name, to a private life, to family, to a nationality, and to residence and freedom of movement 136. The Court has established that “the abduction of children by State agents in order for them to be illegitimately delivered and raised by another family, modifying their identity and without informing their biological family about their whereabouts […] constitutes a complex act that involves a series of illegal actions and violations of rights to conceal the facts and impede the restoration of the relationship of the minors of age and their family members.”137 I/A Court H.R. Case of Gelman v. Uruguay. Merits and Reparations. Judgment of February 24, 2011. Series C No. 221, para. 133. Article VI of the American Declaration: Every person has the right to establish a family, the basic element of society, and to receive protection therefore. Article V of the American Declaration: Every person has the right to the protection of the law against abusive attacks upon his honor, his reputation, and his private and family life. Article XIX of the American Declaration: Every person has the right to the nationality to which he is entitled by law and to change it, if he so wishes, for the nationality of any other country that is willing to grant it to him. Article VIII of the American Declaration: Every person has the right to fix his residence within the territory of the state of which he is a national, to move about freely within such territory, and not to leave it except by his own will. 137 I/A Court H.R. Case of Gelman v. Uruguay. Merits and Reparations. Judgment of February 24, 2011. Series C No. 221, para. 120. 135 136

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