91
261. The Commission requested that the State be ordered to take the necessary
measures to “acknowledge its international responsibility for the denounced acts in
the case” and proposed “the carrying out of a public act and to make amends to the
victim and her relatives, […] aimed at recovering historic memory.” Additionally, the
Commission requested in its final arguments: a) the holding of certain acts of
symbolic importance that guarantee the non-repetition of the crimes committed in
the present case, and b) acts that can only be determined with negotiations between
the petitioners and the State, such as a day for the yearly celebration in
commemoration and memory of the victims of the “de facto government.”
262. In the same sense, the representatives requested that the Court order the
State to carry out a public act of acknowledgment of responsibility at the SID’s
headquarters, wherein the highest authority –representing the State-, refer to the
facts in the present case and to the human rights violations that took place during
the authoritarian era of the recent past, making the “relevant parts” of this Judgment
known, and expressly recognizing the responsibility of the Republic of Uruguay for its
participation in Operation Condor, […] and offering an apology to the next of kin of
María Claudia García.” They added that “[s]uch event must be disseminated by a
public media source of wide national coverage, and during a peak hours so as to
reach the highest audience volume,” and the next of kin of the victims should agree
upon the modality of fulfillment, ensuring their participation.
263. Likewise, the representatives requested a) ordering the State to “[p]lace a
memorial plaque in the chamber where María Claudia García de Gelman was illegally
detained together with her daughter, including some information regarding the
persons who were held there, having previously obtained their consent, and public
access to this room must be guaranteed, and b) that SID’s headquarters, where the
Center for National Advanced Studies for education in the Military is currently in
operation, “be used for functional purposes related to State policies on human
rights.”
264. The State indicated that on “May 21, 2009, the Mayor of Montevideo awarded
a title of distinguished visiting citizens to 11 young Uruguayans and Argentines,
victims of the dictatorships of both countries,” whom among them stood María
Macarena Gelman, and stated that “this honorary recognition made by the
Government of Montevideo, was intended to strengthen the memory of the society
and to contribute to her and her parent’s reparation, as well as that of all victims of
grave violations of human rights in the recent past.” Likewise, the State emphasized
that the Executive declared the project of a Memorial in Remembrance of the
Detained-Disappeared of national interest, which was erected in the Vaz Ferreira
Park, in the Cerro of Montevideo. Concerning the memorial plaque, the State
indicated that “the Executive assumes the commitment to guarantee public access to
the section of SID where María Claudia and Macarena were detained and to place a
memorial plaque in said location.”
265. In former occasions, the Court has favorably valued those acts carried out by
the State that have an effect on the recovery of the memory of the victims, the
recognition of their dignity, and consolation of their relatives, 317 such as those
mentioned in the foregoing paragraph.
317
Cf. Case of Masacre de Pueblo Bello, supra note 146, para. 254; Case of Manuel Cepeda Vargas,
supra note 11, para. 223, and Case of Ibsen Cárdenas and Ibsen Peña, supra note 9, para. 248.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents