55
However, there are other acts carried out by the State which, either directly or
indirectly, relate to the actions taken to ascertain these situations. Pursuant to the
reports of the Commission, the representatives, and the State, if it so corresponds,
and the information on record. The Court notes that although in this context there
are various references to Argentina, the present case was only presented in relation
with Uruguay. Nonetheless, the representatives provided information concerning the
investigations and claims initiated in Argentina in relation with the facts of the
present case. 159
B.1
Actions concerning the Expiry Law
144. The Expiry Law was approved on December 22, 1986, by the Uruguayan
Parliament.160 The Expiry Law provides as follows:
159
These facts are:
a) On August 25, 1976, María Teresa Laura Moreira filed a complaint with the Argentine police and on
September 12, 1977, Mr. Juan Antonio García Iruretagoyena filed a complaint Court of Instruction
denouncing said facts.
b) On May 20, 1987, Nora Eva Gelman, who was detained at the same time as the Gelman García
couple again denounced the kidnapping and illegal detention of María Claudia García Iruretagoyena
and her husband
c.) In October of 2005, the Argentine government announced that it would seek the extradition of
military officers involved in the disappearance of María Claudia García Iruretogoyena and the
suppression of the identity of María Macarena Gelman García
d) On November 10, 2005, the Argentine government, through the Secretariat of Human Rights of the
Ministry of Justice and Human Rights, filed a criminal complaint as part of the “Operation Condor
Megacause” with Federal Court No. 7, Secretary No. 14. The complaint, titled “Videla Jorge Rafael, et
al./Illegal Deprivation of Personal Liberty,"
investigates, among other things, the enforced
disappearance of María Claudia García.
e) In the complaint, the Secretariat of Human Rights identifies the members of the Uruguayan Armed
Forces who participated in the events and requested the extradition of José Ricardo Arab Fernández,
Juan Manuel Cordero Piacentini, José Nino Gavazzo Pereira, Ricardo José Medina Blanco, León Tabaré
Pérez Alegre, Ernesto Avelino Ramas Pereira, Juan Antonio Rodríguez Buratti, Jorge Alberto Silveira
Quesada, and Gilberto Valentín Vásquez
f) Around May 2006, the Argentine government sent said requests to Uruguay.
g)Subsequently, the Uruguayan authorities, in compliance with existing extradition treaty between
Argentina and Uruguay, ordered the detention of the military officers José Ricardo Arab Fernández,
Juan Manuel Cordero Piacentini, José Nino Gavazzo Pereira, Ricardo José Medina Blanco, León Tabaré
Pérez Alegre, Ernesto Avelino Ramas Pereira, Juan Antonio Rodríguez Buratti, Jorge Alberto Silveira
Quesada, AND Gilberto Valentín Vásquez. Said detentions were carried out beginning on May 5, 2006.
h)On December 1, 2006, the Judge of the First Criminal Court of Uruguay, Juan Carlos Fernández
Lecchini, ordered the extradition of Gilberto Valentín Vásquez, Ernesto Avelino Ramas Pereira, Jorge
Alberto Silveira Quesada, Ricardo José Medina Blanco, Josí Nino Gavazzo Pereira, and José Ricardo
Arab Fernández, under a series of conditions, including that they may be transferred to Argentina only
after they complete their sentences resulting from the criminal proceedings instituted in Uruguay.
i)Around November of 2008, and pursuant to several appeals, the Uruguayan Supreme Court partially
confirmed the ruling of Judge Lecchini, granting the extradition of four military officers and pending
the decision of two appeals.
j)Manuel Cordero, identified as one of the perpetrators of the enforced disappearance of María Claudia
García Iruretagoyena, had fled and was a fugitive in Brazil. He was extradited by Brazil to Argentina
in the context of cause of action of Operation Condor and was prosecuted by the Argentinea justice
system on February 9, 2010.
160
According to the Commisison in its application, when elections were called , held in November 1984,
Julio María Sanguinetti was elected President of Uruguay during the November 1984 elections and was
inagurated on March 1, 1985. Among the measures adopted was to reinstate the 1967 Constitution. He
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