93
C.2. Guarantees of non-repetition
i.
a
remains.
Creation of specialized units to carry out the investigation of
complaints of serious human rights violations and elaboration of
protocol for the collection and identification of the bodily
272. The representatives requested that the State be ordered to “create
specialized units within the Prosecutors’ Office and the Judicial Branch, which would
carry out the investigation of complaints of grave violations of human rights” to
which it must “administratively reorganize the financial, technical, and administrative
resources” in order to guarantee their operation.” They based this requirement on
the lack of organization in the Prosecutors’ Office and the Judicial Branch to
efficiently respond to causes of this nature and on the lack of comprehensive
investigative strategies, in addition to their workload and lack of specialization and
exclusive attention to theses issues.
273. The State informed that a “bill has been drafted by which specialized units in
the Prosecutor’s Office as well as in the Judicial Branch are created, with jurisdiction
to participate in complaints of serious human rights violations.” Likewise, it informed
that a “project has been prepared, whereby an Interministerial Commission is
created for the purpose of ascertaining the fate of the disappeared individuals
between the years 1973 to 1985 [sic] as well as to ‘Produce a Protocol for the
gathering of, and information on, the remains of the disappeared individuals.’” In its
final arguments, the State emphasized the creation of the National Institute of
Human Rights, a body under the Legislative Branch of the Republic. It stated that the
organization of the criminal courts in Uruguay is a topic in permanent discussion and
that the Executive Branch forwarded to the Legislative Branch a draft bill of a new
Criminal Procedure Code which would introduce, among others, an oral and public
process, whereby the prosecuting attorneys participate and are responsible for the
coordination and order of the inquiries.
274. The Court values that the State has initiated activities to continue the
investigations to determine the fate of the disappeared during the military
dictatorship in Uruguay. The Court assesses positively the State’s offer to create an
Interministerial Commission in charge of promoting the investigation to ascertain the
fate of the disappeared individuals between the years 1973 to 1985, to which it
recommends that the participation of a representative of the victim of said events be
ensured who would be able to channel relevant information and would be subject to
the confidentiality that such information requires, and of a representative of the
Public Prosecutor’s Office acting as contact to compile such information.
275. Furthermore, the Court positively values the State’s disposition to establish a
“Protocol for the collection and information of the bodily remains of the disappeared
persons,” and it orders the State to indeed adopt it, making this known to the
responsible authorities for its immediate implementation.
ii.
Training for the operators of justice
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