214. With respect to the extrajudicial executions of the three women, the State must
take action to observe the perspective of gender, in accordance with the guidelines
presented in this judgment (supra paras. 156 to 158).
215. Additionally, the results of the relevant proceedings must be made public so that
Uruguayan society is aware the facts of this case, as well as who was responsible.245
B.2
Determination of the whereabouts of Luis Eduardo González González
and Óscar Tassino Asteazu
216. The Commission, with respect to the victims of forced disappearance, requested
that Uruguay be ordered “to thoroughly, impartially and effectively investigate their
whereabouts” and, where appropriate, “take all necessary steps to identify their remains
and deliver them to family members in the manner they desire.” It underscored the
importance that there be a “specific plan to search for the two disappeared victims.”
217. The representative agreed with the request of the Commission. It asked that
the State be ordered “to investigate by maximizing the adequate judicial and/or
administrative efforts to determine, as soon as possible, the whereabouts of the
disappeared persons.” It also requested that “a systematic and rigorous search be
conducted, with all of the adequate, appropriate, and necessary human, technical and
scientific resources.”
218. The State, in its answer, argued that “it had maintained a consistent commitment
and action plan” to investigate “within all the possible factual possibilities” the
whereabouts of the victims of forced disappearance and to identify and deliver to the
next of kin their mortal remains, if found.”246 Uruguay, in its final written arguments,
Cf. Case of the Caracazo v. Venezuela, para. 118, Case of Cepeda Vargas v. Colombia. Preliminary
Objections, Merits, Reparations and Costs. Judgment of May 16, 2010. Series C No. 213, para. 217, Case of
Ibsen Cárdenas and Ibsen Peña v. Bolivia, para. 238 and Case of Gelman v. Uruguay. Merits and Reparations,
para. 256.
245
The State referred to diverse general policies that are not directly related to the case. In the first
place, it alluded to the Investigative Commission, created in 1985, and the Peace Commission, established in
2000 (supra paras. 33 to 36). It added the following: (i)- Resolution 832/006, of December 26, 2006, ordered
the publication of the reports of the Commanders-in-Chief of the Armed Forces and the University of the
Republic and marked June 19 of each year as “a day to commemorate that these episodes shall never again
occur amongst Uruguayans.” (ii)- Resolution 297/007, of May 14, 2007, ordered the printing of the “Historic
Investigation on the Detained Disappeared to comply with Article 4 of Law 15,848.” (iii)- Pursuant to the
judgment of the Inter-American Court in the Gelman case, Resolution 450/011, of August 31, 2011, ordered
the creation of an Inter-Ministerial Commission under the Presidency of the Republic and, on December 4,
2011, Resolution 805/013 adopted a “Protocol of Procedures to follow in the search, recuperation and analysis
of the remains of the detained disappeared persons.” (iv)- Decree 131/015, of May 19, 2015, created the
Truth and Justice Working Group, with the basic purpose of investigating crimes against humanity and
contributing to the historical truth and the promotion of justice, establishing the Secretariat of Human Rights
for the Recent Past as its “functional and administrative support.” (v)- On October 14, 2019, the Truth and
Justice Working Group presented its final report (cf. Evidence file, annex XIX to the answering brief, fs. 2973
to 2995). (vi)- “Similarly, the Investigative Group in Forensic Anthropology has published various reports (the
State remitted copies of the “Report(s) on Activities” of 2005, of 2005-2010 and of 2013 and 2014 (evidence
file, annex XXI to the answering brief, fs. 3111 to 3774)). (vii)- On September 18, 2019, Law 19,822 was
enacted, which charged the INDDHH, which is independent of the Executive Branch, with “the search for the
detained and disappeared persons” during the dictatorship. It has already published two reports, one on May
18, 2020 and the other on October 7 of the same year, which show that “the search for the mortal remains of
the detained disappeared is a true policy of the State of Uruguay,” whose “long term” continuity is guaranteed,
246
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