asserted that “it did not claim to deny the terrible events perpetrated during the civilmilitary dictatorship, nor the suffering of the victims and their families” and that “the
facts in this case have not been refuted.” The Court will determine the facts, taking into
consideration the lack of controversy on them and the particularities that are found the
body of evidence.
29.
There follow the established facts, in this order: (a) context; (b) regarding the
alleged victims; (c) case background and facts, and (d) reparations obtained
domestically.
A.
Context
A.1. Regarding the serious violations of human rights committed during the
dictatorship and later acts that brought them to light
30.
According to the Merits Report, the events that gave rise to this case occurred
during the civil-military dictatorship in Uruguay, which began on June 27, 1973, after a
coup d’état, and continued until February 28, 1985. The Court has already dealt with
this situation in the Gelman v. Uruguay case.15 The Court held in that case that there
were serious violations of human rights committed by State agents. There follows an
account of the Court’s holding in that case plus some additional elements.
31.
The Court stated that the events occurred “in the context of the systematic
practice of arbitrary detention, torture, executions and enforced disappearances
perpetrated by the intelligence and security forces of the Uruguayan dictatorship, in the
setting of the national security doctrine and of Operation Condor.”16 The Commission
pointed out in its 1978 Report on Uruguay that beginning in 1973 it had received
information “charging the Uruguayan authorities with the responsibility for the violent
death, as a result from physical abuse, of a considerable number of men and women
who were being held under detention.”17 The Court also established the implementation
under the dictatorship of “daily forms of surveillance and control of society” and, more
specifically, “forms of repression against leftist political organizations.” During that
period, there were also numerous cases of abductions of children, forced
disappearances, torture and extrajudicial executions.18
32.
On April 9, 1985, the Chamber of Representatives unanimously voted to establish
a Parliamentary Investigative Commission 19 to clarify the situation of disappeared
persons and on the facts that motivated that situation.20 That Commission first identified
Case of Gelman v. Uruguay. Merits and Reparations. Judgment of February 24, 2011. Series C No.
221, paras. 44 to 63.
15
16
Case of Gelman v. Uruguay. Merits and Reparations, para. 44.
17
Report on the Situation of Human Rights in Uruguay. OEA/Ser.L/V/11.43 doc.19 corr.1, January 31,
1978, para. 3.
18
Case of Gelman v. Uruguay, Merits and Reparations, paras. 58, 59 and 60.
Article 120 of the Constitution of Uruguay states that “The Chambers may appoint parliamentary
investigative commissions or to provide information for the purposes of legislation.”
19
Minutes of Sessions of the Chamber of Representatives. XLII ª Legislature. First regular session. 13th
meeting. Number 1805, Book 617, p. 63. Cf. Minutes of Sessions of the Chamber of Representatives. XLII ª
Legislature. First regular session. 2nd meeting. Number 1794, Book 616. February 20, 1985, p. 80 (evidence
file, annex XXXVII to the answering brief, fs. 4074 to 5198).
20
11