INTER-AMERICAN COURT OF HUMAN RIGHTS
CASE OF BARBANI DUARTE ET AL.
v. URUGUAY
JUDGMENT OF OCTOBER 13, 2011
(Merits, reparations and costs)
In the case of Barbani Duarte et al.,
the Inter-American Court of Human Rights (hereinafter “the Inter-American Court” or
“the Court”), composed of the following judges:1
Diego García-Sayán, President
Manuel E. Ventura Robles, Judge
Margarette May Macaulay, Judge
Rhadys Abreu Blondet, Judge, and
Eduardo Vio Grossi, Judge;
also present2,
Pablo Saavedra Alessandri, Secretary,
pursuant to Articles 62(3) and 63(1) of the American Convention on Human Rights
(hereinafter “the Convention” or “the American Convention”) and Articles 31, 32, 65 and
67 of the Rules of Procedure of the Court3 (hereinafter “the Rules of Procedure”),
delivers this judgment, structured as follows:
The Court, meeting for its ninetieth regular session, decided to adopt the name “Barbani Duarte et al.
v. Uruguay” as the official name of this case, in accordance with the usual way of identifying cases before the
Inter-American Court. The parties were informed of this decision in notes of the Secretariat of the Court dated
March 2, 2011.
1
According to Article 19(1) of the Rules of Procedure of the Inter-American Court applicable to the
instant case (infra note 2), which establishes that: “[i] the cases referred to in Article 44 of the Convention, to
judge who is to national of the respondent State shall not be able to participate in the hearing and deliberation
of the case,” Judge Alberto Pérez Pérez, to Uruguayan national, did not take part in the processing of the
instant case or in the deliberation and signature of this judgment. In addition, Judge Leonardo Franco advised
the Court that, for reasons beyond his control, he could not be present for the deliberation and signature of
this judgment.
2
The Deputy Secretary, Emilia Segares Rodríguez, advised the Court, that for reasons beyond her
control, she could not be present for the deliberation of this judgment.
3
Rules of Procedure of the Court approved at its eighty-fifth regular session held from November 16 to
28, 2009, which apply to this case, in accordance with their Article 79. According to Article 79(2) of these
Rules of Procedure, “[i]n cases in which the Commission has adopted to report under Article 50 of the
Convention before the these Rules of Procedure have come into force, the presentation of the case before the
Court will be governed by Articles 33 and 34 of the Rules of Procedure previously in force. Statements shall be
received [… applying] the provisions of these Rules of Procedure.” Therefore, with regard to the instant case,
Articles 33 and 34 of the Rules of Procedure approved by the Court at its forty-ninth regular session are
applicable.