pending trial” of J. S. and E. R. was ordered.130 On June 30th, the appeal of “revocation
and further appeal” filed by the defense was referred to the Public Ministry.131
D. Pecuniary reparations granted domestically by the State
103. Certain members of the families of Ms. Maidanik, Ms. Reyes, Ms. Raggio Odizzio,
Mr. González González and Mr. Tassino Asteazu received financial compensation as
reparations for harm suffered due to the above-mentioned events, the details of which
will follow (infra paras. 272 and 273).
VII
MERITS
104. The instant case concerns the alleged State responsibility for the violations of
human rights arising from the forced disappearances of Óscar Tassino Asteazú and Luis
Eduardo González González and the lack of an adequate investigation to determine what
occurred and, where appropriate, to punish those responsible, as well as to learn the
whereabouts of both persons. It also concerns the allegation of the lack of an
investigation into the violent deaths of Diana Maidanik, Silvia Reyes and Laura Raggio.
Finally, the case involves the harm that the circumstances of the case inflicted on the
next of kin of the alleged victims.
105. Before evaluating the arguments, it is important to note that the violations have
not been denied by Uruguay, although the State did not expressly recognize its
international responsibility. The State indicated the measures that it had adopted and
claimed that “it has adapted its conduct and actions to the American Convention on
Human Rights and to the standards derived from it.” The actions that Uruguay informed
that it has taken and those that support its manifestations have been, where appropriate,
considered as part of the facts of the case and, moreover, will be assessed in relation to
the examination of the appropriateness of the measures of reparation (infra Chapter
VIII).
106. The Court will examine the alleged violations in the following order: (a) the rights
to juridical personality, to life, to personal integrity and to personal liberty with respect
to the alleged forced disappearances of Mr. González González and Mr. Tassino Asteazu;
(b) the rights to judicial guarantees and to judicial protection with respect to the alleged
shortcomings in the investigations into the aforementioned events and with respect to
the deaths of Ms. Maidanik, Ms. Reyes and Ms. Raggio, and (c) the right to personal
integrity with respect to the next of kin of the five alleged victims.
VII.1
RIGHT TO RECOGNITION OF JURIDICAL PERSONALITY, TO LIFE, TO
PERSONAL INTEGRITY AND TO PERSONAL LIBERTY132
130
Cf. Proceedings 614/2021 (evidence file, fs. 7488 to 7523).
131
Report of July 2, 2021, sent to the Supreme Court.
Articles 3, 4, 5 and 7 of the American Convention, respectively. This chapter will also examine State
responsibility under Articles I(a) and XI of the Inter-American Convention on Forced Disappearance. The
infringement of Article XI was not alleged. It will, however, be examined on the basis of the principle of iura
novit curia, which permits the Court “to analyze the possible violation of provisions of the Convention that have not
been alleged, in the understanding that the parties have been able to express their respective positions in relation to
the facts that support this” (Case of the Indigenous Communities of the Lhaka Honhat Association (Our Land) v.
132
30