75. On July 23, 1987,Disnarda Flores de Tassino brought an unconstitutionality action against Articles 1, 2, 3,
and 4 of the Expiry Law, arguing that they violated the principle of the separation of powers, judicial
independence, and other rights. 88 On August 10, 1988, the Supreme Court of Justice declared that action
unfounded, referring to its previous jurisprudence.89
76. On August 18, 1987, Disnarda Flores requested the Ninth First Instance Criminal Court that she be
personally notified of the administrative proceeding of the Executive on whether or not the alleged
disappearance and torture of Oscar Tassino Asteazu was included in the scope of the Expiry Law.90 On October
20, 1988, the Executive Branch notified the Ninth First Instance Criminal Court that the case of Oscar Tassino
Asteazu was included within the scope of Article 1 of the Expiry Law.91
77. On April 16, 1985, the Parliamentary Investigative Commission of the Chamber of Representatives issued
the "Final Report on the Situation of Missing Persons and the Facts that Led to their Disappearance," which
contains a list of persons disappeared between 1975 and 1978, including Oscar Tassino Asteazu.92
78. On April 10, 2003, the Peace Commission of Uruguay included Oscar Tassino Asteazu as a victim of
disappearance and stated that he had died on July 21, 1977, that his remains had been buried in dependencies
of the Armed Forces, exhumed in 1984, and burnt or cremated using makeshift boilers or furnaces, and tossed
into the River Plate in an area in the vicinity of Barrio Paso de la Arena. 93 The Commission stresses that,
according to the petitioner, that report stated that Oscar Tassino had been tortured and had died from a heavy
blow.94
79. Likewise, on August 8, 2005, in its report the "Commission Investigating the Fate of 33 Citizens in the period
between June 27, 1973 and March 1, 1985" referred to the detention of Oscar Tassino Asteazu as follows:
Oscar Tassino Asteazu (*)95
He was detained by the Coordinating Body for Counterinsurgency Operations at a property located at Máximo
Tajes No 6632, on July 19, 1977 and taken to the "La Tablada” detention center.
He died on or around July 24, 1977.
According to the information obtained, and contrary to the statements made by the Peace Commission in its
report, his death was the result of suicide, committed as he was going to the bathroom without his guard, whereby
it was not possible to determine how he killed himself, because no autopsy was performed.
His remains were buried on the grounds of Battalion 1 Mec No. 13 and not in Battalion 1 Parach. No. 14,
subsequently exhumed, taken to grounds pertaining to Battalion No. 14, and cremated. His ashes and remains
were scattered in the vicinity.96
Appendix 3.9. Action claiming the unconstitutionality of Articles 1, 2, 3, and 4 of Law 15.8848, brought by Disnarda Flores de Tassino.
Attached to the petitioner's brief of August 15, 2007.
89 Appendix 3.11. Ruling by the Supreme Court of Justice regarding the unconstitutionality action brought by Disnarda Flores de Tassino/
Attached to the petitioner's brief of August 15, 2007.
90 Appendix 3.12. Request by Disnarda Flores de Tassino to the Ninth First Instance Criminal Court that she be personally notified of the
administrative proceeding of the Executive on whether or not the alleged disappearance and torture of Oscar Tassino Asteazu was included
in the scope of the Expiry Law. Attached to the petitioner's brief of August 15, 2007.
91 Appendix 3.13. Notification of the inclusion of the case of OTA (Tr. Oscar Tassino Asteazu) in the scope of Law 15.848. Attached to the
petitioner’s brief of 2007.
92 Final Report on the Situation of Missing Persons and Facts that Led to Their Disappearance by the Parliamentary Investigative Commission
of the Chamber of Representatives.
93 Report of the Peace Commission of the Eastern Republic of Uruguay, published on April 10, 2003.
94. Petitioner’s brief of August 15, 2015.
95 The report points out that cases marked with an asterisk (*) are presumed to have been connected with intelligence operations and are
therefore considered as fully within the sphere of responsibility of commanding officers, whether by action or omission.
96 Appendix 4. Report by the Investigative Commission on the Ultimate Fate of 33 Citizens Detained between June 27, 1973 and March 1,
1985 Attached to the petitioner's brief of August 15, 2007.
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