82 violations of human rights have no legal effect and, therefore, can not continue to obstruct the investigation of the facts of this case and the identification and punishment of those responsible, nor can they have the same or similar impact on other cases of serious violations of human rights enshrined in the American Convention that may have occurred in Uruguay. 292 233. The obligation to investigate the facts in the case of enforced disappearance is specified in the provisions of Articles III, IV, V, and XII of the Inter-American Convention on Forced Disappearance of Persons, in regard to the investigation of enforced disappearance as a continuing offense, the establishment of jurisdiction to investigate said crime, the cooperation between States for the criminal prosecution and possible extradition of the alleged perpetrators, and access to information regarding the places of detention. 234. Similarly, given the involvement, not only of a systematic pattern in which multiple authorities may have been involved, but also of a cross-border/interstate operation, the State should have used and applied the appropriate legal instruments for the analysis of the case, the criminal codifications that are in-line with the facts, and the design of an appropriate investigation able to collect and systematize the vast and diverse information that has been reserved or made not easily accessible and includes the necessary inter-state cooperation. 235. In the same sense, the procedures initiated by Juan Gelman and the one opened in 2008 through the efforts of Maria Macarena Gelman, were brought under the crime of homicide, thereby excluding other crimes such as torture, enforced disappearance, and theft of identity, which allows the claim to be declared, by the domestic tribunal, as prescribed by law. 236. It is necessary to reiterate that this is a case of serious violations of human rights, particularly enforced disappearance, and therefore it is this codification that should have priority in the investigations that appropriately should be opened at the domestic level. As established by this Court, given the involvement of a crime of a permanent nature, namely, that the crime is prolonged in time, when the codification of enforced disappearance enters into force, the new law applies, without this implying a retroactive application. 293 In this sense, tribunals of the highest levels of the States of the American continent have rendered rulings and applied criminal norms in cases concerning acts that began to toll before the respective criminal codification entered into force. 294                                                          292 Cf. Case of Barrios Altos. Merits, supra note 288, para. 44; Case of La Cantuta V. Perú. Merits, Reparations and Costs. Judgment of November 29, 2006. Series C No. 162, para. 175, and Case of Gomes Lund et al. (Guerrilha do Araguaia), supra note 16, para. 174. 293 Cf. Case of Tiu Tojín, supra note 13, para. 44, para. 87; Case of Ibsen Cárdenas and Ibsen Peña, supra note 9, para. 201, and Case of Gomes Lund et al. (Guerrilha do Araguaia), supra note 16, para. 179. 294 Cf. Supreme Court of Justice of Peru, Judgment of March 18, 2006, Exp: 111-04, D.D Cayo Rivera Schreiber; Constitutional Tribunal of Peru, Judgment of March 18, 2004, Case file No. 2488-2002HC/TC, para. 26 and Judgment of December 9, 2004, Case file No. 2798-04-HC/TC, para. 22; Supreme Court of Justice of México, Thesis: P./J. 49/2004, Federal Judicial Weekly and its Gazette, Novena Época, Plenum,Constitutional Chamber of the Supreme Tribunal of Justice of the Bolivarian Republic of Venezuela, Judgement of August 10, 2007,and Constitutional Court of Colombia, Judgment C580/02 of July 31, 2002.

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