168. Furthermore, due to appeals filed from February 2021 to present (some nine
months) by the only survivor of the three accused persons, there remains pending the
resolution of the objection of unconstitutionality. The Court has not been informed to the
contrary.
169. Thus, it can be said, in the first place, that the Court recognizes that, in the
context of the guarantee of due process set out in Article 8 of the American Convention,
those accused of a crime have the possibility of using, in defense of their rights, the
appeals provided by the legal order.
170. The judicial authorities, notwithstanding their duty to respect the guarantees of
the accused, must seek to ensure that the cases are handled within a reasonable time,
taking into consideration the speed required by the nature of the cases. The cases that
are here being examined deal with serious violations of human rights that occurred more
than 44 years ago. In this context, it is necessary, in order to safeguard the processes,
that the judicial bodies resolve with all due speed the matters that are brought before
them. These bodies must apply the measures that the legal order provides to avoid
undue delays and tactics of litigation or defense made recklessly, maliciously or in bad
faith.206
171. Taking into account the foregoing and the facts already established, the Court
concludes that the judicial authorities, with respect to the actions related to the
investigation and to the criminal proceedings regarding the deaths of the three women,
did not conduct them diligently to avoid those delays. This is especially important in view
of the time that elapsed since the incident, its seriousness, the delays during several
years, and the advanced age of the persons possibly responsible, as well as that of the
next of kin of the victims, which, in turn, contributed to the harm. All of this, in turn,
contributed to the detriment of the reasonability of the time (infra para. 173).
B.2.3 Failure to observe a reasonable time
172. The right to access to justice presupposes that a controversy is resolved within a
reasonable time, since a prolonged delay may become, per se, a violation of judicial
guarantees.207
173. More than 44 years have elapsed since the forced disappearances of Mr. González
González and Mr. Tassino Asteazú and more than 36 years since the inquiry into the
deaths of Ms. Raggio, Ms. Reyes and Ms. Maidanik, counting from the date that Uruguay
accepted the Court’s jurisdiction (supra para. 12). Those periods surpass the parameters
of reasonability.208 The longest delays were produced during various years before 2006
and were due to the application of the Expiry Law. The lack of diligence to avoid delays
caused by the abusive filings of judicial appeals in the investigation into the deaths of
the three women was also an important factor in the delay.
The State affirmed, without providing details, that its legal order has the necessary tools to detect
abuses of law (infra para. 244).
206
Cf. Case of Hilaire, Constantine and Benjamin et al. v. Trinidad and Tobago, para. 145 and Case of
González et al. v. Venezuela, para. 185.
207
The Court has held that it is the State’s responsibility to justify why it has needed the time elapsed
to process a case; otherwise, the Court has broad powers to make its own analysis of the matter (cf. Case of
Anzualdo Castro v. Peru, para. 156 and Case of Bedoya Lima et al. v. Colombia, para. 142). Uruguay has not
offered a satisfactory explanation on the matter.
208
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