The facts of the case relate to the forced disappearance of María Claudia García Iruretagoyena de Gelman, as well as the suppression and substitution of the identity of her daughter María Macarena Gelman García, who was born in captivity. The suppression and substitution of identity is also understood as form of forced disappearance. These events occurred during the dictatorship which governed Uruguay between 1973 and 1985, and formed part of a systematic practice of gross human rights violations carried out as part of the doctrine of national security and of so called “Operation Condor”, the name given to the alliance which united and coordinated the security forces and intelligence services of the dictatorships in Chile, Argentina, Paraguay, Bolivia and Brazil.

The case questioned the validity and application of the Law on the Expiry of the Punitive Claims of the State, despite it being a Law backed by referendum and plebiscite, given that in its effects, it constitutes an Amnesty Law which impedes the investigation of events and the identification, prosecution, and eventual punishment of those responsible for gross human rights violations.

The Court also evidences the specific impact of the exploitation of the woman’s body, as well as identifying the state obligation to adopt adequate measures to guarantee technical and systematic access to information regarding human rights violations which occur under state custody.