truth and for the criminal prosecution of crimes committed during the military
dictatorship, which it considered important for the Court to take into account with regard
to the measures of reparation claimed by the Commission and by the representative,
and document (g), the importance of which, according to the State, is to show that the
search for the remains of the disappeared is currently “a […] State policy.” Given this
context, for the purposes of the specific aspects that the State hopes to demonstrate in
each case, the Court finds it appropriate to take into consideration such documentation.
24.
The aforementioned documents, presented by the State, are therefore admitted
pursuant to Articles 57(2) and 58(a) of the Rules.
25.
The Court also incorporates de officio, under its authority under Article 58(a) of
the Rules and because they concerns provisions that, due to their nature, are of public
knowledge, the texts of the following laws of Uruguay: (a) Law 17,347, of June 13, 2001,
on the adoption of the Convention on the Non-Applicability of Statutory Limitations of
War Crimes and Crimes against Humanity and (b) Law 18,026, of September 13, 2006,
regarding Cooperation with the International Criminal Court in Matters of the Fight
against Genocide, War Crimes and Crimes against Humanity.
26.
On June 7, 2021, the representative provided a news item of the previous day
that “added to the information in the documents found in the Fifth Artillery Group,
submitted by the State on May 14, 2021.” The representative also provided, together
with its final written arguments, a copy of the notification of July 15, 2021, which referred
to a judicial measure of the previous day.13 The Commission did not pronounce on the
first document and indicated that it had no observations on the second. The State did
not present observations on the two documents. The Court will take into consideration
the June 6 news item that refers to the aforementioned documents listed as document
(c), submitted by the State (supra footnote 12). The document of July 15, 2021 deals
with a supervening event related to judicial determinations involving events in this case.
Therefore, both documents are admitted, pursuant to Article 57(2) of the Rules.
B. Admissibility of the testimonial and expert evidence
27.
The Court admits the oral statements given at the public hearing by Elena
Zaffaroni Rocco, by the witness Ricardo Perciballe, head of the Office of the Special
Prosecutor for Crimes against Humanity (infra para. 47), and by the expert Pablo Simón
Chargoñia Pérez, as well as the notarized statements in Spanish, the working language
of the case, that were presented opportunely in the terms of the object defined in the
President’s Order that authorized their acceptance (supra para. 8).14
VI
FACTS
28.
The Court will now establish the facts of the case. It will do so based on the factual
framework submitted by the Commission and the complementary information presented
to the Court and relevant facts after the publication of the Merits Report. The State
Twenty-sixth Criminal Court. C. 391/2021. Decisions indexed Ricardo Reyes Gaetán, Marta Odizzio
de Raggio and Flora Potasnik.- Dcia. Notification. July 15, 2021 (evidence file, f. 7655).
13
The Court received, within the period set by the Order of the President of April 16, 2021 (supra para.
8), in Spanish and notarized, the statements of Aidee Rossana Santo, Ana Guliak Potasnik, Juan Quiñones,
Silvana Elizabeth Bocage and Walter Pérez Giampedraglia, each of whom had been proposed by the
representative.
14
10