61
María Claudia García’s disappearance and references the sources consulted to
establish the facts, as well as the relevant information sheets from the Historical
Research Commission. 184
162. During the public hearing before this Court, the State submitted the
Archeological Investigations on Disappeared Persons developed in the Battalion No.
14 Parachute/Paratroopers by the working group created under the President of the
Republic. [“Investigaciones Arqueológicas sobre Detenidos – Desaparecidos
desarrollados en el Batallón Nº 14 de Paracaidistas, realizado por el Grupo de
Trabajo creado en el ámbito de la Presidencia de la República”]. The report refers to
the fieldwork carried out by the State between 2005 and 2010 and Chapter III, part
one, of said report deals with information gathered from the investigations that took
place between August 2005 and October 2006. 185
B. 3
Actions of the Judicial Branch.
163. On June 19, 2002, Juan Gelman, through his representatives, filed a criminal
complaint before the Fourth Criminal Court denouncing the detention and
disappearance of María Claudia García Iruretagoyena, as well as abduction of her
daughter and the subsequent suppression of the child’s civil status, 186 but the
proceeding was interrupted when a controversy arose regarding jurisdiction. Once
the jurisdiction was determined for the Court of First Instance of the Second Criminal
Court (hereinafter “Criminal Court of Second Round), on December 13, 2002, it
decided that, in order to determine if the facts in the complaint were related to the
other circumstances in the case file separated before the same Court and if it
followed to include the case in the scope of the Expiry Law, the case would be
officially opened to receive evidence and it began summoning various witnesses. 187
164. Statements were taken and the relevant annexes were submitted between
December 2002 and September 2003, in order for the Public Prosecutor to issue an
opinion, which inspired the National Prosecutor in the Criminal Court of Fourth Round
to request that “the investigations be closed” due to the applicability, in his opinion,
of the Expiry Law. 188
184
Cf. Historical Investigation on Detainees and Disappeared Persons in compliance with Article 4 of
Law 15.488 of 2007, supra note 23, pages. 195 and ss.
185
Cf.
Archeological
Investigations
on
Detained
Disappeared
Persons
developed
in
the Parachute Battalion No. 14, pages. 82 and ss, and expert report provided by Martha Guianze during
the public hearing, in which she stressed that there was no judicial involvement in the initiatives of the
executive branch for excavations, which are executed by agreements of the Presidency of the Republic
with the University of the Republic, with experts from the University who often do pro bono work, not
under the supervision of the judge and that said, judges and prosecutors often turn to theexcavation
sites but have not yet achieved coordination necessary for a protocol that exists to determine
that these evidences are transferable to the trial with all the procedural guarantees.
186
Criminal complaint filed on July 19, 2002 before the Criminal Court of Fourth Round, evidence,
folios 386 a 402.
187
Judicial Resolution of the Court of Second Round on December 13, 2002, evidence, annex 2,
peice 1, page 23.
188
Report of the Agent of the Public Prosecutors Enrique Möller Mendezde of September 1, 2003,
evidence, folio 417.
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