REPORT No. 90/12
PETITION 1056-07
ADMISSIBILITY
DIANA MAIDANIC ET AL.
URUGUAY
November 8, 2012

I.

SUMMARY

1.
On August 15, 2007, the Inter-American Commission on Human Rights (hereinafter
“the Commission” or “the IACHR”) received a petition filed by the Instituto de Estudios Legales y
Sociales del Uruguay (IELSUR) (hereinafter the “petitioner”) alleging the responsibility of the
Oriental Republic of Uruguay (hereinafter “Uruguay” or the “State”) for the failure to investigate
and to provide an effective judicial response to the forced disappearances of Luis Eduardo González
González on December 13, 1974 and of Oscar Tassino Asteazu on July 19, 1977, as well as the
extrajudicial executions of Diana Maidanic, Laura Raggio Odizzio, and Silvia Reyes on April 21, 1974
(hereinafter the “alleged victims”). The petitioner alleges only that the State is responsible for
violating the rights contained in Articles 8, 13, and 25 in relation to the obligation to respect and
ensure the rights, contained in Article 1(1) of the American Convention on Human Rights (hereinafter
the “American Convention”), to the detriment of the alleged victims’ next-of-kin.
2.
With respect to meeting the admissibility requirements, the petitioner alleged that
the State has not met its obligation to conduct an exhaustive, impartial, and serious investigation
into the forced disappearances and extrajudicial executions of the alleged victims so as to determine
the truth of what happened. The State did not specifically allege the failure to meet the requirement
of exhaustion of domestic remedies, but it did report on progress in the investigation and search for
truth and justice, and it undertook actions to clarify the facts associated with the above-named
persons who were detained and disappeared.
3.
After analyzing the parties’ positions, and in application of the requirements set forth
at Articles 46 and 47 of the American Convention, the Commission decides to declare the petition
admissible for the purpose of examining the alleged violation of the rights of Oscar Tassino Asteazu
and Luis Eduardo González González enshrined in Articles I, IX, XVII, XVIII, and XXV of the American
Declaration of the Rights and Duties of Man (hereinafter the “American Declaration”); Articles 3, 4,
5, 7, 8, and 25, in relation to Articles 1(1) and 2 of the American Convention; Articles I, III, IV, V, and
XI of the Inter-American Convention on Forced Disappearance of Persons; and Articles 1, 6 and 8 of
the Inter-American Convention to Prevent and Punish Torture. It also admits the case to examine the
alleged violation of the rights of Diana Maidanic, Laura Raggio Odizzio, and Silvia Reyes contained
in Articles I, IX, and XVII of the American Declaration; and of the rights of the next-of-kin of the
alleged victims enshrined in Articles I and XVIII of the American Declaration; Articles 5, 8, and 25, in
relation to Articles 1(1) and 2 of the American Convention; and Articles I, III, IV, V, and XI of the InterAmerican Convention on Forced Disappearance of Persons and Articles 1, 6, and 8 of the InterAmerican Convention to Prevent and Punish Torture. It also decides to declare the petition
inadmissible with respect to the alleged violation of the rights contained in Article 13 of the American
Convention. The Commission also decides to notify the parties of this decision, and to publish it and
include it in its Annual Report to the OAS General Assembly.
II.

PROCESSING BEFORE THE COMMISSION

4.
The petition was received by the IACHR on August 15, 2007, and was assigned
number P-1056-07. On November 13, 2007, the IACHR transmitted the petition to the State, which

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