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.