4
2.
The facts alleged by the Commission relate to the enforced disappearance of
María Claudia García Iruretagoyena de Gelman since late 1976, subsequent to her
detention in Buenos Aires, Argentina, during the advanced stages of her pregnancy,
to which it is presumed that she was then transported to Uruguay where she gave
birth to her daughter, who was then given to an Uruguayan family; actions which the
Commission notes were committed by Uruguayan and Argentine State agents in the
context of “Operation Cóndor,” and, to date, the whereabouts of María Claudia
García as well as the circumstances in which the disappearance took place remain
unknown. Furthermore, the Commission alleged the suppression of identity and
nationality of María Macarena Gelman García Iruretagoyena, daughter of María
Claudia García de Gelman and Marcelo Gelman and the denial of justice, impunity,
and in general, the suffering caused to Juan Gelman, his family, María Macarena
Gelman, and the next of kin of María Claudia García, as a consequence of the failure
to investigate the facts, prosecute, and punish those responsible under Law No.
15.848 or the Expiry Law (hereinafter "the Expiry Law"), promulgated in 1986 by the
democratic government of Uruguay.
3.
The Commission requested that the Court, as a consequence, conclude and
declare that the State is responsible for the violation of:
a). The right to a fair trial and judicial protection recognized in Articles 8(1) and
25 in relation to Articles 1(1) and 2 of the American Convention on Human
Rights, and in relation to Articles I(b), III, IV, and V of the Inter-American
Convention on Forced Disappearance of Persons, as well as Articles 1, 6, 8, and
11 of the Inter-American Convention to Prevent and Punish Torture, to the
detriment of Juan Gelman, María Claudia García de Gelman, María Macarena
Gelman, and their next of kin;
b). the right to juridical personality, life, personal liberty, humane treatment,
and the obligation to punish these violations in a serious and effective manner,
recognized in Articles 3, 4, 5, 7, and 1(1) of the American Convention in relation
to Articles 1(b), III, IV, and V of the Inter-American Convention on Forced
Disappearance of Persons and Articles 6 and 8 of the Inter-American Convention
to Prevent and Punish Torture, to the detriment of María Claudia García;
c). the right to personal integrity, recognized in Article 5(1), in relation to Article
1(1) of the American Convention, regarding Juan Gelman, María Macarena
Gelman, and their next of kin;
the case; b) adopt the legislative or any measures necessary to revoke Law 15.848 or the Expiry Law of
the State; c) create a domestic mechanism, with binding legal powers and authority over all the State
bodies to supervise these recommendations; and d) order full reparation for the next of kin that includes
compensation and symbolic acts that guarantee the non-repetition of the acts committed.