53
g. the criminal justice system in effect in Uruguay essentially recognizes no
right to the victims, which in the present case, impeded Juan Gelman from
appealing the December 2003 and October 2005 decisions on file, in
violation of Article 8(1) of the Convention; and,
h. lastly, affirmed that the State violated the victims’ right to know the truth
regarding the events, having withheld information relevant to the case and
failing to provide the mechanisms necessary to do so, which is evidenced,
in their opinion, by the fact that the Commission for Peace’s Report did not
provide much more information than what Juan and Macarena Gelman
found out on their own; in the limits that the State itself placed on access to
information to prepare the report “Historical Investigation on the
Disappeared”; and on the fact that State officials, in all levels of
government and even in democracy, concealed information in their
possession regarding the facts, concluding that the right to truth “is covered
jointly by Articles 1(1), 8, 13, and 25” of the Convention and in violation
occurred to the detriment of Juan and Macarena Gelman and “society as a
whole,” and
i. the State obligation to identify those responsible is reinforced by the
provision in the Inter-American Convention on Forced Disappearance of
Persons, in light of the facts being considered crimes against humanity.
142. Although the State did not refer specifically to the arguments of the
Commission and the representatives regarding the obligation to investigate the
facts, in addition to its recognition of responsibility (supra paras. 19 to 22), it
referred to the following:
a) that upon Uruguay’s return to democracy, the State proceeded to adapt its
conduct to the rule of law, as set out, inter alia, by the American
Convention of Human Rights, though this “does not negate that […] María
Macarena Gelman was found in 2000 and that the whereabouts of the
remains of […] María Claudia García is still a pending issue for the State of
Uruguay”;
b) that the Commission for Peace was created by Presidential Resolution No.
858/2000 dated August 9, 2000. On April 10, 2003, the Commission for
Peace submitted its Final Report where it presented its findings, including,
among the analyzed cases, the case of María Claudia García
Iruretagoyena;
c) President Tabaré Vásquez’s inaugural speech on March 1, 2005, declaring
that the enforced disappearance cases submitted for consideration to the
Executive Branch resulting from that provided for in the Expiry Law, are
“excluded from said law”;
d) a Presidential Order, dated June 23, 2005, informing the Judicial Branch
that the case at hand was excluded from the Expiry Law;
e) without denying that “initially, the Executive Branch in power at the time,
determined that Juan Gelman’s complaint fell within the scope of the
Expiry Law,” recently, the case was reeponed by judicial decree of August
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