Joint Forces had issued a summons for him to appear. The petitioner pointed out that the alleged victim was
seen by his wife and other detainees in the regiment, in poor physical and mental state as a result of the tortures
to which he had been subjected.
6. It stated that on July 2, 2003, the Peace Commission of the Office of the President of the Republic reported
on the investigation carried out with regard to Mr. González, stating that after having been taken to Cavalry
Regiment No. 6, he had been subjected to severe forms of torture and had subsequently died, on December 26,
1974. It stated that his remains had been buried in Battalion 14 in Toledo, exhumed toward the end of 1984,
burned and tossed into the River Plate (Rio de la Plata).
7. Regarding the forced disappearance of Oscar Tassino Asteazu, the petitioner sated that he had been
detained on July 19, 1977, by persons identified as members of the Joint Forces, who beat him and dragged him
out of his home. The petitioner reported that after his detention, someone being held in the clandestine "La
Tablada" detention center claimed to have heard Mr. Tassino's voice there as he was being tortured. As for steps
taken to ascertain his whereabouts, the alleged victim's wife stated that she had gone to the police, where an
intelligence service captain told her that Mr. Tassino had been detained in January 1974 and released four days
later. Since then, he had been subpoenaed to appear. The petitioner pointed out, that notwithstanding the above,
there had been a series of subsequent communications in which the State reported that it knew nothing about
the circumstances surrounding Mr. Tassino's detention or regarding his whereabouts.
8. The petitioner indicated that the Peace Commission reported that Mr. Tassino had been detained on a farm
by military personnel on July 19, 1977 and taken to a clandestine detention center, where he had been tortured
and had died as a result of a heavy blow. That Commission stated that his remains had been buried in Battalion
14 in Toledo, exhumed toward the end of 1984, burnt and tossed into the River Plate. The petitioner stressed
that that information differs from the contents of a subsequent report of August 2005, in which an army
commander states that Mr. Tassino had died on July 24, 1977, after committing suicide on his way to a restroom,
when he was unaccompanied.
9. The petitioner added that on June 20, 1985, it had filed criminal charges with respect to all the acts
committed. it mentioned that the Amnesty Law (Law 15.737) had been issued in 1985, followed by Law 15.848
in 1986 (Extinction of Legal Actions/Expiry of Punitive Claims of the State, or Ley de Caducidad). The petitioner
states that the bodies responsible for investigating the instant case construed that the facts of the case were
included in the amnesty granted by the Ley de Caducidad (hereinafter Expiry Law), and therefore shelved all
charges. The petitioner argued that in response to that, in 1986 he had filed appeals for the Expiry Law to be
declared unconstitutional. However, those appeals were dismissed in Judgment No. 184 of May 2, 1988.
10. The petitioner stated that in 2005 it had requested a reopening of the inquiries shelved as a result of the
Expiry Law. It mentioned that in the case of Luis Eduardo González, despite an opinion in favor of reopening
the investigations by the prosecutor responsible for keeping track of them, the magistrate in the case closed
them, invoking the Expiry Law. Likewise, with respect to the cases of Oscar Tassino, Diana Maidanik, Laura
Raggio, and Silvia Reyes, the prosecutor in charge asked for all proceedings to be shelved, as they were included
within the scope of the same law.
11. Regarding matters of law, the petitioner claimed violation of the rights to judicial guarantees and judicial
protection. It stated that the Expiry Law had prevented a judicial investigation to ascertain the truth of what
had occurred and to punish those responsible. The petitioner also asserted that said law had turned into an
obstacle to the alleged victims gaining access to a simple and effective remedy to protect their human rights. It
argued that the law also violated the obligation to adopt provisions under domestic law.
B. State
12. The State reported that what happened to Luis Eduardo González, Oscar Tassino, Diana Maidanik, Laura
Raggio, and Silvia Reyes occurred during the military dictatorship of 1973 to 1985. It commented that light
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