10.
Final written arguments and observations. – On July 16, 2021, the Commission,
the State and the representative presented their final arguments and observations. The
representative annexed documentation to its presentation.8
11.
Deliberation of the case. – The Court delivered this judgment, virtually, on
November 15, 2021.
III
JURISDICTION
12.
Uruguay has been a State Party to the American Convention since April 19, 1985
and it recognized the contentious jurisdiction of the Court on the same date. Uruguay is
also a party to the Inter-American Convention on Forced Disappearance of Persons and
the Inter-American Convention on the Prevention, Punishment and Eradication of
Violence against Women (Convention of Belém do Pará), which has been in force for the
State since May 2, 1996. Thus, the Court is competent to hear this case, pursuant to the
terms of Article 62(3) of the American Convention and the respective provisions of the
other two inter-American treaties.
IV
PRIOR CONSIDERATIONS
A. Regarding the determination of the alleged victims
13.
The Commission identified, in its Report on the Merits, 23 persons as victims:
(a) Diana Maidanik Potasnik and her next of kin: Flora Potasnik (mother) and Mónica
Raquel Wodzislawski (cousin); (b) Laura Raggio Odizzio and her next of kin: Marta
Odizzio de Raggio (mother), Horacio Enrique Raggio Odizzio (brother) and Daniel Raggio
Odizzio (brother); (c) Silvia Reyes de Barrios and her next of kin: Arturo Ricardo Reyes
Gaetán (father), Celia Natividad Sedarri Aparicio (mother), Estela Reyes Sedarri (sister),
Washington Javier Barrios Fernández (husband), Washington Barrios (father-in-law),
Hilda María Fernández Rodríguez (mother-in-law) and Jaqueline Barrios Fernández
(sister-in-law, daughter of Washington Barrios and Hilda María Fernández Rodríguez);
(d) Luis Eduardo González González and his next of kin: Amalia González de González
(mother), Elena Zaffaroni Rocco (wife), and (e) Óscar Tassino Asteazu and his next of
kin: Disnarda Ema Flores Soler de Tassino (wife), Karina Teresa Tassino (daughter),
Javier Tassino (brother) and Álvaro Luis Tassino (brother) (infra paras. 49 to 53).
The representative indicated Emiliano Galván Reyes, as a victim in the case,
even though he was not identified as such by the Commission. It also indicated that
Daniel Edgardo González González and Raúl González González, brothers of Luis Eduardo
González González, appeared in representation of their mother, Amalia González
14.
the law of amnesty” and “the importance of preserving respect for democracy as a fundamental value of all
society.”
The final written observations of the Commission and the final written arguments of the State and of
the representative, as well as the annexes to the latter were remitted to the parties and to the Commission.
A deadline of July 30, 2021 was set for the parties and the Commission to send, if they so desired, observations
on those annexes, as well as on the documentation presented by the State on July 16, 2021 by means of an
autonomous brief (infra para. 21). On July 30, 2021, the representative presented its observations. On that
same day, the Commission informed that it did not have any observations on the documentation provided by
the State. The State did not present observations.
8
7