54
4, 2008, by Maria Macarena Gelman, who presented supervening evidence
in this regard, and currently, the case is at the Second Criminal Court;
f) the shift in the jurisprudence of the Supreme Court of Uruguay was evinced
in Judgment No. 365, which was rendered on October 19, 2009 in the case
of “Sabalsagaray Curuchet, Blanca Stela, Charge, Unconstitutionality of
Articles 1, 3 and 4 of Law No. 15.848,” which unanimously, declared the
referenced provisions inapplicable and reasoned that while the ruling applies
to the “specific case at hand, pursuant to the system of unconstitutional
laws provided for in the Uruguayan Constitution, it is reasonable to expect
that this law will govern in future similar cases,” since “the Supreme Court
of Justice, a body of original and exclusive jurisdiction to rule on the matter
in conformity with Article 257 of the Constitution, may, […] issue an
advance ruling in similar cases”;
g) the Legislative Branch’s tender of various projects intended to repeal the
Expiry Law;
h) similar to the efforts of the courts, the Executive Branch continues
conducting investigations to clarify the abovementioned facts relating to the
human rights violations that occurred between 1973 and 1985, including
those relating to María Claudia García Iruretagoyena, investigations which
shall continue until the whereabouts of the persons disappeared during said
period are known. In addition to the existing mechanisms, there is a project
to “[d]evelop a protocol for the collection and identification of the remains
of disappeared persons”;
i)
the Presidency created, in March 2005, a Working Group to conduct
archeological investigations regarding the collection and identification of
disappeared persons and said group is collaborating with various military
units in performing its task; based on the evidence adduced, it appears that
these investigations will continue;
j)
the Minister of Foreign Affairs drafted a bill that will soon be submitted to
the Legislature. The bill proposes to annul Articles 1, 2, 3, and 4 of the
Expiry Law as well as to consider the statute of limitations interrupted in
admitted cases, during the period of said law; and,
k) similarly, the Legislative Branch has presented various projects aimed at
leaving the above-referenced Expiry Law without legal effect, and on
October 20, 2010, the House of Representatives approved an amendment
which eliminates the effects of said law; the amendment is currently being
discussed by the Senate of the Republic.
B. Facts regarding the investigation carried out by the State
143. Considering that, together with the aforementioned facts, which have been
adequately proven (supra paras. 44 to 63, 79 to 90, and 106 to 116), provide an
account of what happened to María Claudia García and María Macarena Gelman.
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