52. On October 15, 1986, Flora Potasnik, Diana Maidanik's mother, Arturo Ricardo Reyes, Silvia Reyes's father, and Marta Odizzio de Raggio, Laura Raggio's mother, filed a criminal complaint for the murder of Laura Raggio, Silvia Reyes, and Diana Maidanik, with the Eighth First Instance Criminal Court.45 53. As indicated above, the Expiry Law was issued on December 22, 1986. On March 24, 1987,Arturo Reyes, Flora Potasnik, and Marta Odizzio De Raggio brought an unconstitutionality action with the Eighth First Instance Criminal Court, which referred it the Supreme Court of Justice, against Articles 1, 2, 3, and 4 of the Expiry Law, stating that it violated the principle of separation of power, the principle that the judiciary must be independent, and the rights of access to justice and equality before the law.46 On August 10, 1988, the Supreme Court of Justice declared the unconstitutionality action unfounded, stating merely that "as in previous cases relating to Law 15.848, it will dismiss claims of unconstitutionality.47 54. On December 21, 1988, the Supreme Court of Justice notified the Judge of the Eighth First Instance Criminal Court that the criminal proceedings initiated on account of the deaths of Silvia Reyes, Laura Raggio, and Diana Maidanik had been included in the scope of the Expiry Law by a decision of the Executive Branch.48 55. On October 28, 2005, the next-of-kin of the alleged victims Mónica Raquel Wodzislawski, Horacio Enrique Raggio Odizzio, Celia Natividad Sedarri Aparicio, and Daniel Raggio filed an application to re-open criminal investigations with the Eighth First Instance Criminal Court, arguing that including the case in the scope of the Expiry Law precluded any possibility of investigation, whereas the State had an obligation to investigate what had happened.49 56. Subsequently, the Court of First Instance consulted the President of the Republic regarding whether the quest for truth in this case was included in the Expiry law.50 On December 12, 2005, the President of the Republic issued a resolution: […] 5. As regards the specific content of the consultation by the Judiciary -- i.e., "the quest for truth", the undersigned considers that the Executive does not possess any power to prevent it, and that it is a matter that concerns the judiciary (se trata de una cuestión de resorte jurisdiccional). (…) RESOLVES: 1. Let these documents relating to legal proceedings be returned to the Judiciary, with an indication that the Executive lacks sufficient wherewithal to declare that the case is or is not included under Article 1 of Law No. 15.848 and is not empowered in any way to prevent the quest for truth.51 57. In light of the above, in 2006, investigations into the deaths of the alleged victims resumed.52 On September 8, 2006, the petitioner requested the Eighth First Instance Criminal Court to conduct a series of evidentiary proceedings, including: inspection of the site of the reported facts, receipt of testimony from a former member of the military who had been at the property where the Barrios family lived, and a confrontation between the Joint Forces agents who had testified and the Silvia Reyes's mother-in-law and sister-in-law in order to clear up Appendix 2.1. Complaint filed on October 15, 1986 denouncing the "homicide" of Laura Raggio, Silvia Reyes y Diana Maidanik, Attached to the petitioner's brief of August 15, 2007. 46 Appendix 2.5. Constitutionality action brought by Arturo R. Reyes, Flora Potasnik, and Marta O de Raggio regarding the constitutionality of Law 15.848 of 1986. Attached to the petitioner’s brief of August 15, 2007. 47 Appendix 2.7. Ruling of the Supreme Court of Justice on the constitutionality action brought by Arturo R. Reyes, Flora Potasnik, and Marta O de Raggio regarding the constitutionality of Law 15.848 of 1986. Attached to the petitioner’s brief of August 15, 2007. 48 Appendix 2.8. Communication by the Supreme Court of Justice to the Eighth First Instance Criminal Court. Attached to the petitioner’s brief of August 15, 2007. 49 Appendix 2.9. Application to re-open criminal proceedings regarding the deaths of Silvia Reyes, Laura Raggio, and Diana Maidanik. Attached to the petitioner's brief of August 15, 2007. 50 Appendix 2.10. Response of the President of the State of Uruguay to the request for information of the Eighth First Instance Criminal Court. Attached to the petitioner's brief of August 15, 2007. 51 Appendix 2.10. Response of the President of the State of Uruguay to the request for information of the Eighth First Instance Criminal Court. Attached to the petitioner's brief of August 15, 2007. 52 Appendix 2.10. Response of the President of the State of Uruguay to the request for information of the Eighth First Instance Criminal Court. Attached to the petitioner's brief of August 15, 2007. 45 10

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