65 178. On February 27, 2008, María Macarena Gelman appeared before the Second Criminal Court and requested the reopening of the case arguing that there were supervening facts.208 The Public Prosecutor’s Office accepted the arguments and resolved to enable the reopening of the investigation,209 to which on August 4, 2008, the judge ordered that the case be reopened, reasoning, on the one hand, that given that there were two contradicting Executive Branch decisions, (supra paras. 168 and 172), it should accept the latter as prevailing, and on the other hand, accept the provision of evidence.210 179. On October 13, 2008, a forensic anthropologist from the Montevideo legal morgue submitted to the court Report No. 782 wherein the expert comparison was reported. For this, in 2005, he was given 44 bags, based on human bodily remains of more than one hundred individuals, which were collected from the Vichadero Cemetery. The report contains an expert comparision on skull-photograph comparisons, including a comparison of one of the skulls contained in the bags with pictures of María Claudia Garcia. Although the pictures were not of high quality. It was concluded that there was a 93.5% chance that the skull belonged to María Claudia Garcia. 211 180. On October 31, 2008, the judge ordered the formation of a Medical Board to asses the feasibility of the DNA testing of the bodily remains that had been studied, and requested, on November 18th of that same year, information on whether the                                                          208 Cf. Request to reopen the preDocket presented by María Macarena Gelman to the Court of Second Round, evidence, annex 2, peice 2 and 3, pages. 497 and 510. It alleged the following: a report issued by the Uruguayan Air Force dated August 8, 2005, connected to the reported facts on the Commission for Peace Report, were reference is made regarding flights that were ordered by the Air Force General Command on request of SID (the Comand in Cheaf from the three branches of the Air Force received an order from President Vázquez in order to create written reports pertaining to activities performed by their respective forces during the military dictatorship); the findings of human remains and/or bodily parts assumed to be human, some of them belonging to disappeared persons during the last military dictatorship; journalistic repots dated from years 2006 and 2007 which refer to the existence of clandestine cementeries: colonel Coronel Gilberto Vázquez’ confesions, whereby he offers details regarding the aquissition of real state where the clandestine detention center “Base Valparaíso”would have been installed; journalistic reprt from 2008 connected to the alleged confesion of Colonel Jorge Silveira who would have confirmed that Gavazzo was the killer of María Claudia. 209 Cf. Opinion of the Public Prosecutor on April 22, 2008, evidence, annex 2, peice 2 and 3, pages. 518 and 523. To support its decision, the Prosecutor stated that "[...] Law No. 15,848, […] did not establish an amnesty for certain categories of crimes, but rather established a procedure sui generis which gives the Executive Branch the means to render a binding opinion regarding whether the possibility corresponds to investigate and prosecute by the justice system.” He noted that, “in this case on record, we are witnessing two contradictory statements of the Executive Branch.” He added that “not forseeing the solution regarding the issue in the text of the law, bearing in mind the nature of an act of government [...].” Moreover, he indicated that “[b]eing a contradictory prosecutor on prior occasions, is no obstacle to resuming the presumarial investigation [...].Moreover, he noted that the procedural obstacle has disappeared for justice to proceed in the investigation and possible judgment of the case.” 210 Judicial Resolution of reopening of the presummarial stage, No. 315 of August 4, 2008, evidence, annex 2, piece 2 and 3, pages 546 tot 555. The judge ordered: collection of information and documents on the excavations at the 13th Battalion of the Infantry of the Army and 14th Battalion Parachute Infantry was given; also given was the order to receive the statements of Jose Lopez Mazz, Roger Rodriguez, and Julio Cesar Barbosa. He requested from the Ministry of the Interior the information on the domiciles of Ariel Lopez Silva, José Norberto Narváez Cores and asked the Ministry to forward the certified copy of the personal files of Ricardo Medina Blanco, José Sande Lima, Hugo Campos Hermida. Similarly, he asked the Immigration Department for the list of passengers admitted to Uruguay from Buenos Aires, Argentina, in October 1976, among others. 211 Cf. Report No. 782 of the Forensic Anthropology Laboratory of October 13, 2008, evidence, annex 2, peice 2 and 3, pages. 649 to 670.