Thursday, April 14, 2011

The Uruguayan Senate invalidate the law that forgave the crimes of the dictatorship

Montevideo. .- The Uruguayan Senate overturned the amnesty law today, who forgave the human rights violations committed during the military dictatorship (1973-1985), and thus opened the door without exception to the trials against military and police personnel responsible for the crimes. With 16 votes, all of the leftist Frente Amplio (FA), in power in the country, and 15 against, one of the ruling, the senators approved the controversial bill, after more than twelve hours of heated debate .

According to the adopted text, the Uruguayan courts will be recognized as protected by the Constitution all international treaties on human rights signed by Uruguay and thus declare the amnesty law unconstitutional automatically, making it irrelevant. As the standard suffered minor amendments in the Senate to be ratified by the Lower House, which voted on a previous occasion.

To enter into force also must be promulgated by the President, José Mujica, who also said he would approve dictated by Parliament. The invalidation of the amnesty law which came despite two referendums in 1989 and 2009 invited citizens voted to keep it. The vote in the Senate led to much controversy and even division within the ruling leftist coalition Frente Amplio (FA) and led to the expulsion of government senator Jorge Saravia current Space 609, led by President Mujica, by its refusal to vote the bill.

Another lawmaker, the former vice president Rodolfo Nin Novoa, also opposed the project and asked permission to not be forced to vote in favor. For its part, the ex-guerrilla Eleuterio Fernandez Huidobro said in the room who would vote only to be forced by his party and immediately signaled his intention to resign his seat as senator for supporting "an irreparable mistake which will have serious consequences." Senator Oscar Lopez Goldaracena official, who presented today to the House the bill on behalf of the FA, said during his speech that the amnesty law has no legal value and is inconsistent with the Constitution and international law.

Goldaracena recalled that, as at present, "during the dictatorship was in effect a rule prohibiting the forced disappearance, torture and extrajudicial execution, and ordered the punishment of such criminal acts", and therefore these crimes can not go unpunished. Another government senator, Rafael Michelini, son of a senator assassinated in 1976 in Buenos Aires by the repressive bodies of South American dictatorships, found that disabling the Limitation Act will restore "the value of justice in Uruguay." For his part, Senator Francisco Gallinal, speaking on behalf of the National Party, the main opposition, said the amnesty law is unjust, as the law of amnesty for guerrillas serving sentences in jail during the de facto government, but both are "daughters of the same time." Gallinal warned that "the Judiciary is approaching hard times" because it will receive "a kind of pump on," referring to trials that will resume or initiate against military and police for human rights violations.

Ope Senator Pasquet, representing the Colorado Party, the third force in the country, legislators questioned the FA to "assume the right" to ignore the opinion "clear majority of Uruguayans," referring to the referendums. During the debate, groups, human rights defenders and trade unionists gathered in front of parliament to show support for the project.

On 24 March the Inter-American Court of Human Rights condemned to Uruguay for the murder of Maria Claudia Garcia, daughter of Argentine poet Juan Gelman, and removing identity of her daughter, Macarena Gelman, after a long process that was used by the ruling as an argument to invalidate the law.

According to organizations that defend human rights during the Uruguayan dictatorship killed about a hundred people in prisons and barracks, while at least 34 people were missing after being arrested by police and military forces.

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