18
coordinated basically by the military personnel of the countries involved. The
Operation systematized and improved clandestine coordination between the
“security forces and military personnel and intelligence services” of the region.
The system of codes and communications had to be efficient for “Operation
Condor” to function, and so that the lists of “most wanted subversives” could be
managed easily by the different States.
[…] In other words, the grave acts took place in the context of the flagrant,
massive and systematic repression to which the population was subjected on an
inter-State scale, because State security agencies were let loose against the
people at a transborder level in a coordinated manner by the dictatorial
Governments concerned.
The Court observes that, during the 1970s, in absolute contradiction to the
principal objects and purposes of the organization of the international
community established universally in the Charter of the United Nations,25 and
the regional community in the Charter of the Organization of American States26
and the American Convention itself, the intelligence services of several countries
of the Southern Cone of the Americas established a criminal inter-State
organization with a complex assemblage, the scope of which is still being
revealed today; in other words, there was a systematic practice of “State
terrorism” at an inter-State level.
This operation also benefited from the general situation of impunity of the grave
human rights violations that existed at the time, promoted and tolerated by the
absence of judicial guarantees and the ineffectiveness of the judicial institutions
to deal with or contain the systematic human rights violations. This is closely
related to the obligation to investigate the cases of extrajudicial executions,
forced disappearances and other grave human rights violations.” 27
45.
In the case of Uruguay, after the period from June 13, 1968, until June 26,
1973, which was marked by the systematic application of "Prompt Security
Measures," and inspired by the ideological framework of the National Security
Doctrine,28 on June 27, 1973, the President-elect Juan María Bordaberry, with the
support of the Armed Forces, dissolved the Chambers and carried out a coup,29
25
The “peoples of the United Nations resolved […] to reaffirm faith in fundamental human rights, in
the dignity and worth of the human person, in the equal rights of men and women and of nations large
and small […] to establish conditions under which justice and respect for the obligations arising from
treaties and other sources of international law can be maintained.” (Preamble)
26
“The American States establish by this Charter the international organization that they have
developed to achieve an order of peace and justice, to promote their solidarity, to strengthen their
collaboration, and to defend their sovereignty, their territorial integrity, and their independence.” (Article
1)
27
Case of Goiburú et al., supra note 23, paras. 61.5, 61.6, 62, 72, and 73.
28
Cf. Article 2º of the Law Nº 18.596 of September 18, 2009, supra note 8, folio 5004.
29
Cf. Historical Investigation on Detainees and Disappeared Persons in compliance with Article 4 of
Law 15.488 of 2007, supra note, 23, page 106; Criminal Court of First instance of 7º round, captioned
orders: “Bordaberry Arocena, Juan Maria”, supra note 23; Criminal Court of First instance 11º round of
Montevideo. Judgment of November 16, 2006, that decrees imprisonment pending trial of the accused
(amongst
which
Juan
Maria
Bordaberry
is
found),
available
at
http://memoriaviva5.blogspot.com/2008/12/Judgment-del-juez-roberto-timbal.html, Last visited on
February 23, 2011.