89
253. For this, given that the Expiry Law lacks the effects because of its
incompatibility with the American Convention and the Inter-American Convention on
Forced Disappearance of Persons, in as much as it can impede the investigation and
possible sanction of those responsible for serious human right violations, the State
must guarantee that this never again becomes an impediment for the investigation
of the facts at hand, and of the identification, and if applicable, punishment of those
responsible for the facts and similar serious violations of human rights that took
place in Uruguay.
254. Consequently, the State should ensure that no other analogous norm, such as
a statute of limitations, non-retroactivity of the criminal law, res judicata, ne bis in
idem or any other similar law exonerating responsibility, be applied and that the
authorities refrain from carrying out acts that would implicate the obstruction of the
investigative process.
255. The State must conduct the investigation in an effective manner so that it is
done in a reasonable amount of time, be it by ordering either the necessary speed to
the existing open claim or by ordering a new one, depending on what is most
beneficial to the investigation, and furthermore, ensuring that the competent
authorities conduct the corresponding ex officio investigations, having at their
disposal the necessary authorization and remedies, allowing those of whom are part
of the investigation, among them the victim’s relatives, witnesses, and
administrators of justice, be assured the due guarantees of security. 309
256. Particularly, the Court considers that, with basis in its jurisprudence310, the
State must ensure the full access and capacity to act of the next of kin of the victims
in every stage of the investigation and prosecution of those responsible. Additionally,
the result of the corresponding proceedings should be disseminated publically in
order for Uruguayan society to know of the facts of the present case, as well as to
know those responsible for them. 311
B.2
Determination of the whereabouts of María Claudia
257. The Commission and the representatives requested that the State be ordered
to employ all necessary means to determine the whereabouts of Maria Claudia Garcia
de Gelman, or of her bodily remains; whatever the case may be. The representatives
requested, in addition, that the State “make available to the justice system, as well
as to her next of kin, and to Uruguayan society as a whole,” the documents in its
possession that pertain to grave human rights violations committed during the de
facto government.
309
Cf. Velásquez Rodríguez. Merits, supra note 20, para. 174; Case of Rosendo Cantú et al., supra
note 9, para. 211; Case of Ibsen Cárdenas and Ibsen Peña, supra note 9, para. 237-c, and Case of Gomes
Lund et al. (Guerrilha do Araguaia), supra note 16, para. 256-c.
310
Cf. Case of del Caracazo V. Venezuela. Reparations and Costs. Judgment of August 29, 2002.
Series C No. 95, para. 118; Case of Ibsen Cárdenas and Ibsen Peña, supra note 9, para. 238, and Case of
Gomes Lund et al. (Guerrilha do Araguaia), supra note 16, para. 257.
311
Cf. Case of del Caracazo. Reparations and Costs, supra note 310, para. 118; Case of Manuel
Cepeda Vargas, supra note 11, para. 217, and Case of Ibsen Cárdenas and Ibsen Peña, supra note 9,
para. 238.
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