37.
On September 18, 2019, Law 19,822 was promulgated, Article 1 of which charged
the National Institute of Human Rights and the Office of the Ombudsman (hereinafter
“INDDHH”) with “searching for the persons who were detained and who disappeared
during the unlawful conduct of the State between June 13, 1968 and June 26, 1973, as
well as during the State terrorism that unfolded between June 27, 1973 and February
28, 1985.”26
38.
The INDDHH has published two reports on the search for the disappeared
detainees, the first on May 18, 2020 and the second on October 7, 2020, and has also
issued “Strategic guidelines to comply with the mandate of Law 19,822.”
39.
Reports on the search for the mortal remains of the disappeared detainees
demonstrate that there are three scenes of active excavations: the First Communications
Brigade; the former Thirteenth Battalion (now the Army Transportation Service), and
the Fourteenth Battalion of Infantry Paratroopers. According to reports submitted to the
Court, the excavations that were conducted between 2005 and 2020 have uncovered
and identified the remains of at least nine persons.27
A.2. Regarding the Expiry Law and the later acts that tended to suppress its
effects
40.
On December 22, 1986, Law 15,848, or the Law of the Expiry of Punitive Claims
of the State28 (hereinafter “Expiry Law”), was enacted and established the following:
Article 1.- Let it be acknowledged that, consistent with the rationale underlying the situation derived
from the agreement reached by the political parties and the Armed Forces in April 1984 and with a
view to completing the transition to full implementation of the constitutional order, exercise of the
punitive claims of the State with respect to crimes committed up to March 1, 1985 by military and
police personnel, purportedly for political reasons or in the course of duty or on orders from
commanders operating during the de facto regime, has expired.
Article 3. – For the purposes contemplated in the foregoing articles, the judge hearing the
corresponding charges shall demand that the Executive report within no more than 30 days of receipt
26
Law 19.822 (evidence file, annex XLIV to the answering brief, fs. 5384 to 5389).
According to the Second Report on the Search for the Disappeared, Law 19.822 of October 7, 2020,
the Final Report of the Truth and Justice Working Group of October 14, 2019 and the Report on the activities
of the Anthropological Investigations on the detained disappeared persons in the final civil-military dictatorship
2013-2014, the remains of: (i) E.B. were found on August 27, 2019 in the so-called "Zone 4 2017" of the
former Thirteenth Battalion; (ii) J.C., found in 2011 in the Fourteenth Battalion; (iii) R.B. found in 2012 in the
Fourteenth Battalion; (iv) two victims of Plan Condor, detainees disappeared; (v) J.C.P., found in the battalion
in Zone III; (vi) R.B.V., in the battalion in Zone III; (vii) F.M., in the former Thirteenth Battalion, and (viii) a
person in the Thirteenth Battalion (evidence file, annexes XV, XIX, XXII and XXIII, fs. 2682, 2683, 2992, 3120,
3175 and 3373). The Court’s judgment uses initials to indicate persons other than those who have appeared
before the Court in this case or those who have been identified as alleged victims or beneficiaries of measures
of reparation by the parties or the Inter-American Commission.
27
Note is taken that Law 15,737 had been enacted in 1985. Article 5 of the law, known as the “Amnesty
law for pursued politicians and trade unionists” or also, as indicated by the representative, as the “Law of
National Pacification,” excludes from the amnesty “crimes committed by police or military personnel, in uniform
or not, who were the perpetrators, accomplices or abettors of inhumane, cruel or degrading treatment or the
detention of persons who were disappeared and for those who covered up any of those conducts.” This
provision added that “this exclusion also extends to all those crimes committed for political reasons by persons
who acted under cover of the authority of the State in any form or as government officials.” (cf. Law 15,737
(evidence file, annex XLIV to the answering brief, fs. 5478 to 5485)).
28
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