of the communication whether it considers that the facts under investigation are or are not within the
scope of Article 1 of the present law. If the Executive so notifies, the Judge shall order the case files
to be closed and archived. If, on the other hand, the Executive does not report or states that they are
not included, inquiries shall continue. […].29
41.
In a 2009 case, the Supreme Court of Justice of Uruguay (hereinafter “the
Supreme Court”) accepted a motion of unconstitutionality against Articles 1, 3 and 4 of
the Law of Expiry and declared
the expiration of criminal prosecutions, in any case, exceeds the powers of the legislators and invades
the forum of a function constitutionally assigned to judges, so that, for whatever reason, the legislature
could not arrogate to itself the power of deciding that the period had expired regarding prosecution for
certain crimes. […]
To summarize, the unlawfulness of an amnesty law enacted for the benefit of military and police officials
who committed [serious violations of human rights], who enjoy impunity during de facto regimes, has
been declared by courts, of both the international community and the States that went through similar
processes experienced by Uruguay during the same period in time. Such rulings, given the similarity
with the issue under analysis and the relevance that they have had, could not be ignored in the
examination of the constitutionality of Law [No.] 15,848 and have been taken into account by the
Corporation to issue the present ruling.30
42.
In its judgment of February 24, 2011 in the Gelman case, the Court held that
“the provisions of the Expiry Law that impede the investigation and punishment of
serious violations of human rights lack effectiveness and, therefore cannot 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 recognized in the American Convention that may have
occurred in Uruguay.”31
43.
On November 1, 2011, Uruguay enacted Law 18,831, which amended Law
15,848. Law 18,831 states:
Article 1. Full exercise of the punitive claims of the State are restored for crimes committed
in the implementation of State terrorism up to March 1, 1985, and included in Article 1 of
Law No. 15,848 of December 22, 1985.
Article 2. No time limits of any kind shall be set -procedural, prescriptive, or expiry-relatedin the period between December 1986 and the entry into force of this law, for the crimes
referred to in Article 1 of this law.
Article 3. Let it hereby be declared that the crimes referred to in the foregoing articles are
crimes against humanity in accordance with international treaties to which the Republic is
party.32
29
5517).
Law 15,848 of December 22, 1986 (evidence file, annex XLIV to the answering brief, fs. 5337 to
Supreme Court. Judgment No. 365. Sabalsagaray Curutchet. Blanca Stela. Complaint. Objection of
Unconstitutionality Arts. 1, 3 and 4 of Law 15,848, File card 97-397 /2004 (evidence file, annex I to the
answering brief, fs. 2258 to 2313). Cf. Case of Gelman v. Uruguay. Merits and Reparations, para. 219.
30
31
Case of Gelman v. Uruguay, Merits and Reparations, para. 232.
Law 18,831, of November 1, 2011, enacted by the Republic of Uruguay (evidence file, annex XLIV to
the answering brief, folios 5337 to 5517).
32
14