INTER-AMERICAN COURT OF HUMAN RIGHTS

CASE GELMAN v. URUGUAY

JUDGMENT OF FEBRUARY 24, 2011
(Merits and Reparations)
The Inter-American Court of Human Rights (hereinafter “the Inter-American Court,”
“the Court,” or “the Tribunal”):
Composed of the following judges:
Diego García-Sayán, President;
Leonardo A. Franco, Vice-President;
Manuel E. Ventura Robles, Judge;
Margarette May Macaulay, Judge;
Rhadys Abreu Blondet, Judge; and
Eduardo Vio Grossi, Judge
also present:
Pablo Saavedra Alessandri, Secretary, and
Emilia Segares Rodríguez, Deputy Secretary,
pursuant with Articles 62(3) and 63(1) of the American Convention of Human Rights
(hereinafter “the Convention” or “the American Convention”) and with Articles 31,
32, 34, 62, 64, 65 and 67 of the Rules of Procedure of the Court1 (hereinafter “the
Rules of Procedure”), orders the present Judgment in the case of Juan Gelman, María
Claudia García Iruretagoyena de Gelman and María Macarena Gelman García
Iruretagoyena with the Eastern Republic of Uruguay (hereinafter "the State" or
"Uruguay"), denominated “Gelman v. Uruguay.”

                                                        
Pursuant to Article 19(1) of the Inter-American Court Rules of Procedure in the present case
(infra note 1), that establish that: “[i]n the cases referred to in Article 44 of the Convention, a Judge who
is a national of the respondent State shall not be able to participate in the hearing and deliberation of the
case.” Judge Alberto Pérez Pérez, of Uruguayan nationality, recused himself from participating in the
processing and deliberation of this case and and signing of this Judgment.
1
The Court Rules of Procedure applied in the present case are those approved in the LXXXV
Regular Period of Sessions held on November 16 and 18, 2009, and that came into force on January 1,
2010, pursuant to that approved in Article 78 therein. The aforementioned, without detriment to that
established in Article 79(2) of the Rules of Procedure, which establish that “[i]n cases in which the
Commission has adopted a report under article 50 of the Convention before the these Rules of Procedure
have come into force, the presentation of the case before the Court will be governed by Articles 33 and 34
of the Rules of Procedure previously in force.” The Report on the Merits in this case was issued by the
Inter-American Commission on July 18, 2008 (infra note 4).

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