was informed, by the Executive Branch, that the case of her husband was included under
Article 1 of the Expiry Law.118
94.
In November 1985, the Parliamentary Investigative Commission released its
“Final Report on the Situation of Disappeared Persons and the Facts that Motivated that
Situation” (supra paras. 32 and 82), which provided a list of persons disappeared by
State agents between 1975 and 1978, among them Óscar Tassino Asteazu.119
95.
On April 10, 2003, the Peace Commission included Mr. Tassino Asteazu as a victim
of disappearance and indicated that he had died on July 21, 1977. It pointed out that
his remains, as those of other “disappeared persons who died beginning in 1974 within
the Department of Montevideo” had been buried in Armed Forces facilities and later
exhumed around 1984 and incinerated or cremated using informal ovens or calderas and
thrown into the Río de la Plata in a zone near the Barrio Paso de la Arena. The Report
clarified that this information is included “in general terms,” but that the Peace
Commission considered that it could not and should not confirm it.120
96.
Similarly, on August 8, 2005, the Investigative Commission’s Report (supra
paras. 36 and 83) referred to the detention of Mr. Tassino Asteazu, as follows:
Oscar Tassino Asteazu (*)
He was detained by the Coordinating Body for Counterinsurgency Operations at a property
located at 6632 Máximo Tajes St. 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 I
Parach No 14, subsequently exhumed, taken to grounds pertaining to Battalion No 14, and
cremated, His ashes and remains were scattered in the vicinity.121
97.
On November 20, 2006, the next of kin of Mr. Tassino again requested the judge
of the Tenth Criminal Court to investigate the disappearance, claiming that the facts had
not been clarified in the Report of the Peace Commission nor in the Report on the
Notification to the judge of the Tenth Criminal Court on the inclusion of the case of Mr. Tassino Asteazu
under the terms of Law 15,848 of 1986 (evidence file, annex 3(13) to the Merits Report, fs. 1084 to 1088).
118
Cf. Final Report on the Situation of the Disappeared Persons and the Facts that Motivated that
Situation of the Parliamentary Investigative Commission of the Chamber of Representatives.
119
Cf. Report of the Peace Commission of April 10, 2003 (evidence file, annex XXXVI to the answering
brief, fs. 3988 to 4073).
120
Cf. Report of the Investigative Commission on the Ultimate Fate of 33 Citizens Detained between June
27, 1973 and March 1, 1985. The asterisk besides the name in the Report, as already explained (supra footnote
101), refers to the presumption that “the events were conducted within the context of intelligence operations
and, therefore, all acts and omissions are considered the absolute responsibility of those in charge.”
121
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