15
MERITS
VI.1
THE RIGHT TO JURIDICAL PERSONALITY, TO LIFE, TO PERSONAL
INTEGRITY AND TO PERSONAL LIBERTY OF MARÍA CLAUDIA GARCÍA
IRURETAGOYENA DE GELMAN, IN RELATION TO THE OBLIGATION TO
RESPECT AND GUARANTEE RIGHTS
(AMERICAN CONVENTION AND INTER-AMERICAN CONVENTION ON THE
FORCED DISAPPEARANCE OF PERSONS).
41.
For the purpose of examining the alleged responsibility of the State of
Uruguay for the violation of the right to juridical personality, to life, to personal
integrity, and to personal liberty, of María Claudia García, in relation to the obligation
to respect and guarantee rights established in the American Convention, and with
the regulations of the Inter-American Convention on Forced Disappearance of
Persons that are allegedly violated, the Tribunal will summarize the allegations of the
parties, establish the facts it considers proven and not controversial, and will make
the appropriate considerations. In the present case, the facts have fundamentally
been established, with basis in the non-controversy of the State and the information
provided by the Commission and the representatives. The State did not make
reference to these arguments, but it did acknowledge the human rights violations
against Maria Claudia García in their entirety (supra paras. 19 to 22), reason for
which in the following section the State's arguments are not included.
A.
42.
Arguments and claims of the parties.
The Commission alleged that:
a. the unlawful and arbitrary detention, the torture, and the enforced
disappearance of María Claudia García were a consequence of a police and
military intelligence operation, planned and executed in a clandestine
manner by the Argentine security forces, apparently, with the close
collaboration of the Uruguayan security forces, which is consistent with the
modus operandi of such act sin the context of Operation Condor;
b. although there are doubts about whether Maria Claudia Garcia remained in
Uruguay or was delivered to the Argentine authorities, regardless of the
case, the State has the obligation to clarify that regarding her whereabouts,
given that she was under its custody;
c. there is sufficient evidence “to reasonably assert that the death of Maria
Claudia Garcia de Gelman at the hands of State officials whom had her in
custody in a context of a State policy that targeted sectors of the civilian
population was a crime against humanity”; and