B.
Exhaustion of domestic remedies and timeliness of the petition
26.
As regards the requirement of exhaustion of domestic remedies, the Commission has established that
in cases such as the instant case, involving allegations of serious human rights violations, the domestic remedies
that should be taken into account for purposes of admissibility are those related to the criminal investigation
and possible punishment of the persons responsible, which should be promoted by the State at its own
initiative. The Commission observes that according to the information produced, in the instant case three oral
trials have been held. In two of them state agents have been convicted and given prison sentences for their
participation in the illegal deprivation of liberty, kidnapping, and torment of Victoria Grisonas. Those
judgments in turn absolved the agents in relation to the allegations regarding the homicide of Mario Julien.
With respect to the facts relating to the Larrabeiti Yáñez siblings, according to the information available, the
case continues. In addition, on July 6, 2012 Jorge Rafael Videla, was convicted as perpetrator of the crimes of
kidnapping, holding, and concealing the cases of the Larrabeiti Yáñez siblings, among other children.
27.
Therefore, while there are firm criminal convictions with respect to some of the facts alleged in the
instant case, 42 years after these facts the truth has not been clarified and no one responsible has been
convicted of the disappearance of Mario Julien, and the case in relation to the Larrabeiti Yáñez siblings
continues. With respect to Victoria Grisonas, based on the information available it does not appear that her
alleged forced disappearance has been fully clarified, including a judicial determination as to her fate and
whereabouts. Based on that information the Commission concludes that the exception to the prior exhaustion
rule provided for at Article 46(2)(c) applies in the instant case, noting that the causes and the effects that have
impeded the exhaustion of domestic remedies in the instant case will be analyzed, as relevant, in the analysis
on the merits that the Commission will set forth in this report.
28.
As regards the requirement of timely filing, the petition before the IACHR was received on November
11, 2005, the events that are the subject matter of the claim date to 1976, some of the alleged facts have not
ceased, and the alleged effects of the others, including the purported impunity in relation to most of them,
extend to the present day. Therefore, in view of the context and characteristics of the instant case, and taking
into account the continuity of the alleged forced disappearance, as well as the fact that one of the criminal cases
continues, the Commission considers that the petition was filed within a reasonable time, and that the
admissibility requirement related to the timeliness of the petition should be deemed satisfied.
29.
With respect to the civil action for damages, the Commission has considered that in cases that involve
allegations such as those in the instant case, it is not necessary to bring or exhaust a civil action before turning
to the inter-American system. Nonetheless, as autonomous violations are alleged in the context of the civil
action one should analyze whether domestic remedies have been exhausted in relation to those specific
arguments. In this respect, the Commission observes that on October 30, 2007 the Supreme Court found the
civil action brought by the Larrabeiti Yáñez siblings to be time-barred, such that as of this pronouncement on
admissibility the requirements established at Article 46(1)(a) and (b) of the Convention have been met.
C.
Colorable claim
30.
The Commission considers that if proven the facts alleged by the petitioner would tend to establish
violations of the rights established at Articles I, V, VI, VII, VIII, XVII, XIX, and XXV of the American Declaration;
Articles 3, 4(1), 5(1), 5(2), 7(1), 8(1), and 25(1) of the American Convention, in relation to its Articles 1(1) and
2; Articles I(a) and (b) and III of the Inter-American Convention on Forced Disappearance of Persons; and
Articles 1, 6, and 8 of the Inter-American Convention to Prevent and Punish Torture, to the detriment of Mario
Julien, Victoria Lucía Grisonas, and Anatole and Victoria Larrabeiti Yáñez.
31.
With respect to the alleged violation of Article 24 of the American Convention, from the arguments of
the petitioner and the documentation available there is not sufficient information to conclude that the facts in
the instant case tend to establish a violation of the right to equality before the law. As regards the alleged
violation of Article 21 of the American Convention, the IACHR does not have sufficient information to enable it
to make detailed determinations on the possible violation of that article, without prejudice to the need to take
this issue into account in the recommendations made in this report, particularly as regards fair compensation.