89.
Mrs. Flores de Tassino stated that, when she denounced those acts before the
Joint Chiefs of Staff, she was informed that her husband had not been detained by
military authorities, but had been summoned to appear since May 1, 1977 and should
have reported to the Directorate of National Information and Intelligence of the Office of
the Chief of Police of Montevideo. She indicated that there she received information only
on another event, a prior detention of her husband that occurred in 1974.110
C.3.2. Investigation
90.
On May 20, 1985, or in June of that year, Disnarda Flores filed a complaint
alleging the disappearance and torture of her husband.111 The complaint asked that
evidence be collected, testimony be received and that the Ministry of Defense be
requested to provide the names of the officers and non-commissioned officers who were
in charge of the operation of July 19, 1977.112 There is no record that those actions were
undertaken.
91.
On September 24, 1985, a conflict arose between the military and the ordinary
jurisdictions.113 On February 16, 1987, the Supreme Court referred the case to the Tenth
Criminal Court (with the clarification that it was the Ninth Criminal Court).114
92.
On April 10, 1987, Disnarda Flores filed an action of unconstitutionality against
Articles 1, 2, 3 and 4 of the Expiry Law, arguing that they violated the principles of the
separation of powers, judicial independence, due process and the right to equality. 115 On
August 10, 1988, the Supreme Court dismissed the action.116
93.
On August 18, 1987, Ms. Flores requested the Tenth Criminal Court that it
personally notify her of the administrative act of the Executive Branch on whether the
complaint of the alleged disappearance and torture of Mr. Tassino Asteazu was included
under the Expiry Law.117 On October 20, 1988, the judge of the Tenth Criminal Court
Complaint of Disnarda Flores de Tassino regarding the disappearance of her husband (evidence file,
annex 3(1) to the Merits Report fs. 970 to 982).
110
Complaint of Disnarda Flores de Tassino regarding the disappearance of her husband (evidence file,
annex 3(1) to the Merits Report, fs. 970 to 982). According to the document, it was “received” on May 20,
1985 and was ordered sent “to the office” of the judicial authority on June 26. Despite this information, the
Commission and the representative stated that the complaint was presented in June 1985.
111
Complaint of Disnarda Flores de Tassino regarding the disappearance of her husband (evidence file,
annex 3(1) to the Merits Report, fs. 970 a 982).
112
The conflict arose because of the request to decline jurisdiction by the Third Military Court of
Investigation to the Judge of the Ninth Criminal Court (cf. request to decline jurisdiction by the Third Military
Court to the judge of the Ninth Criminal Court, of September 24, 1985 (evidence file, annex 3.2 to the Merits
Report, fs. 983 to 989)).
113
114
Remittance by the Supreme Court to the Tenth Criminal Court regarding the case of the alleged
disappearance and torture of Mr. Tassino Asteazu (evidence file, annex 3(8) to the Merits Report, fs. 1029 to
1033).
Action of unconstitutionality regarding Articles 1, 2, 3 and 4 of Law 15,848 filed by Disnarda Flores
de Tassino (evidence file, annex 3(8) to the Merits Report, fs. 1034 to 1047).
115
Judgment of the Supreme Court of August 10, 1988 on the action of unconstitutionality filed by
Disnarda Flores de Tassino (evidence file, annex 3(11) to the Merits Report, fs. 1074 to 1079).
116
Request of Disnarda Flores de Tassino to the Ninth Criminal Court of August 18, 1988 (evidence file,
annex 3(12) to the Merits Report, fs. 1080 to 1083).
117
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