24
59.
By 1977, collaborative operations were carried out between Paraguay,
Argentina, and Uruguay; at the end of that year, a second wave of coordinated
repression by the militaries of Argentina and Uruguay took place—operations that
were directed, this time around, mostly at leftist groups that had links in both
countries—wherein, again, there were transfers of prisoners by military planes of
both countries and repeated exchanges of detainees, many of whom remain
disappeared to this day. 54
60.
In this sense, the clandestine operations in many cases involved the
kidnapping and abduction of infants, many of whom were new-borns or born in
captivity,55 where once the parents were executed, the children were handed over to
military or police families. 56
54
Though on a smaller scale, the joint operations continued, during the following years. According
to various analysts, despite the fact that the joint activities decreased, the collaboration networks and
exchange of information continued even through the post-dictatorship period. Cf. C. Demasi, A. Marchesi,
V. Markarian, A. Rico and J. Yaffé, supra, Civic Military Dictatorship, Uruguay 1973-1985, supra note 30,
page p 291, folio 2552.
55
Cf. United Nations, Human Rights Council, Mission to Argentina, A/HRC/10/9/Add.1, January 5,
2009, Report from the Working Group on Forced and Involuntary Disappearances, paragraph 10:
“A specific phenomenon that occurred in the country during the military dictatorship from 1976 to 1983 in
Argentina was the disappearance of children, and of children born in captivity. Children were abducted,
stripped of their identity and taken from their families. There was also a frequent abduction of children
by military leaders who brought the children into their family as childrens”; Historical Investigation on
Disappeared Prisoners, in compliance with Article 4° of Law 15.848, supra note 23, Tome I, page 22; Oral
Tribunal on Federal Criminal Matters no. 6 of the Federal Capital, Buenos Aires, Argentina, Claim no. 1278
captioned "REI, Víctor Enrique s/abduction of minors under ten years of age,” available at
http://www.derechos.org/nizkor/arg/doc/rei1.html, Last visited on February 23, 2011; IACHR, Report on
the human rights situation in Argentina, OEA/Ser.L/V/II.49, doc. 19, April 11, 1980, Recommendations of
the IACHR to the Government of Argentina, I.b); Federal Court No 4, Secretary No 7. Federal Chamber on
Criminal and Correctional Matters, Chamber II, Argentina, Claim 17.890 "Del Cerro J. A. s/queja",
November
9,
2001,
available
at
http://www.desaparecidos.org/nuncamas/web/investig/menores/fallos2_069.htm,
Last
visited
on
February 23, 2011; United Nations,Human Rights Commission. Question of human rights of all persons
under any form of detention or imprisonment and in particular: a question of disappeared persons whose
whereabouts
are unknown. Report
of
the Working
Group
on
Enforced
or
Involuntary Disappearances of January 22, 1981,E/CN.4/1435, paragraphs170 and 171.
56
Cf. Historical Investigation on Disappeared Prisoners, in compliance of Article 4° of the Law
15.848, supra note 23, Tome I, page 22, Tome III, pages. 681 and ss; Final Report of the National
Commission on Forced Disappearance of Persons, supra note 23, Chapter II, A. Disappeared Children and
pregnant women.The internal regulations of Uruguay also recognize this reality by referring to the children
abducted and disappeared during the military dictatorship: Law No. 15.848 or Expiry Law, Article 4.- […]
The presiding judge will forward the claim to the Executive Branch testimony of the claim filed […]
reffering to […] minors of [age…] kidnapped under similar conditions; Law 18.596, supra note 8, Article
9.- The State of Uruguay […]shall issue a document certifying the status of victim and
corresponding institutional responsibility that has affected the human dignity of those who had [...]
G) Been
born
during
the imprisonment
of his
or
her
mother, or
while
children, have
remained detained with
their
mother
or
father. H) those
children
who have remained
disappeared. Article 10 .- The victims as defined in articles 4 and 5 of this Act [...] children who have been
abducted or have been in captivity with their parents, will be eligible to receive, free and for life, medical
benefits that include psychological, psychiatric, dental and pharmacological care to ensure comprehensive
health coverage under the National Comprehensive Health Care System. Article 11 .- The following shall
receive compensation, once [...] C) The victims who as children have been disappeared for more than
thirty days, [...]. D) The victims, having been born during the imprisonment of his or her mother, or who
were children who have been detained with their mother or father [...]. Moreover, the Order of the
President of the Republic No. 858/2000 of August 9, 2000, Creation of the Commission for Peace, in
Historical Investigation on Disappeared Prisoners, in compliance with Article 4° of the Law 15.848, supra
note 23, Tome IV, page 320, HAVING SEEN: deemed necessary to consolidate national peace and seal
forever the peace among Uruguayans totake steps possible to determine the status of the detainees - who
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