there is no dispute about said secret transfer and the fact that it was carried out by state agents. This therefore constitutes a violation of the right to residence and freedom of movement recognized by the American Declaration and, in particular, a violation of the prohibition of the involuntary abandonment of the territory of the state of origin. 146. While the siblings were disappeared, they lost all contact with their biological family, thus the state was able to obstruct any possibility for them to reestablish family relationships, and they were found only thanks to steps taken by individual persons after a ceaseless national and international search conducted by their biological grandmothers. In this way, owing to illegal interference by the state of Argentina, Anatole and Victoria were deprived of the protection of their family, a basic protection without which, owing to their young age, their lives, survival, and physical, emotional, and social development were endangered. At only 4 years old and 16 months of age, the only emotional support that the siblings had was each other. This sudden and illegal separation of the family therefore constitute a violation of their right to protection and family, as well as the right to a private and family life, as protected by the Declaration. As indicated in the previous section, the right to private and family life, also implies a protection of the right to first and last names. Although, thanks to Anatole’s age at the time, it was possible for him and his sister to keep their own birth names (at least one for her) during their disappearance, the same did not occur with their last names, an essential element to formally establish a relationship with next of kin. 147. Furthermore, the unlawful transfer of the siblings outside the country, which led to a new transfer to a third country totally alien to their origins, implied de facto an arbitrary deprivation of nationality for almost three years, while they remained disappeared. This led to an arbitrary deprivation of Anatole’s Uruguayan nationality and of Victoria’s Argentinian nationality, as well as of the possibility of obtaining the other nationality because he was the son of an Argentinian mother and she was the daughter of a Uruguayan father, respectively. As a consequence of the unlawful disappearance and transfer abroad, the Larrabeiti Yáñez siblings acquired the Chilean nationality because of an arbitrary situation. 148. Therefore, the Commission concludes that the state’s illegal interference in the rights to protection of the family, to a private life, to a name, and to a nationality, constituted an impact on the right to identity of Anatole and Victoria Larrabeiti Yáñez and a violation of Articles VI, V, and XIX of the American Declaration, in connection with the obligation to protect children as recognized in its Article VII. The unlawful transfer abroad also constitutes a violation of the right to residence and freedom of movement as set forth in Article VIII of the American Declaration, in connection with its Article VII.

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