American Court of Human Rights (IACHR) ordered the State of Uruguay for the disappearance of Maria Claudia Garcia, daughter of Argentine poet Juan Gelman, and the suppression of identity of the daughter who was in captivity, Macarena Gelman. The Commission orders Uruguay to revoke the amnesty law of the State's punitive.
Forfeiture law "has no effect because it was incompatible with the American Convention and the Convention on Forced Disappearance of Persons, as it can impede the investigation and punishment of those responsible for serious human rights violations," said the statement, which has just been published on the website of the body of the OAS, which consists of more than 300 pages.
It also determines that Uruguay must ensure that the rule "never again be an obstacle for the investigation of the facts and to present identification and, if appropriate, punish the perpetrators thereof." A ruling is final and binding on States. On the other hand, provides that in a reasonable time Uruguay "must lead and carry out effective investigation of the facts" and "determine the appropriate criminal and administrative responsibilities and apply the resulting penalties provided by law." In addition, calls to continue and accelerate "the pursuit and immediate location of Maria Claudia Garcia Iruretagoyena, or their remains and, where appropriate, deliver them to their families." The international dispute began in 2006 when Juan Gelman and Gelman Macarena (daughter of Maria Claudia and Marcelo Gelman, the son of the poet) demanded from the Commission on Human Rights for violation of Articles 8 and 25 of the American Convention Human Rights.
In mid-2008 the Commission, which had ruled in favor of the Gelman family made a series of recommendations to the Uruguayan government, including repeal the rule in its own way amnesty to the military. Having failed Uruguay recommendations, the agency raised the case to the Inter-American Court of Human Rights.
It was the first case against Uruguay who came to the agency of the OAS. Forfeiture law was enacted at the end of dictatorship (1973-1985), during the first government of Julio María Sanguinetti, and approved in two referendums on two occasions (1989 and 2009) with adverse outcome. This rule has prevented investigate and prosecute those responsible for the violation of human rights during the military regime, including the case of Maria Claudia.
It was in this context that, during the presidency of Jorge Batlle (2000-2005), Macarena Gelman Uruguayan court denounced the kidnapping and disappearance of her mother in 1976, and delivery of herself in a marriage, illegal adoption Uruguay. Forfeiture law requiring judges to consult the Executive if the demands for human rights violations that come to his office are covered by this rule, in which case they close the file, or if, conversely, may still investigation.
Like all governments since the dictatorship, Batlle also said that the abduction and disappearance of Maria Claudia was protected by law. Doors so the Uruguayan courts were closed for Macarena Gelman. This routine was broken with the government recently Vázquez (2005-2010), who gave the green light to the prosecution of several soldiers.
In symbolic terms the Court's decision requires the State to hold a public ceremony "in recognition of international responsibility" on the facts relating to the case Gelman, "a public ceremony conducted by high authorities." Moreover, orders to compensate Macarena Gelman $ 300,000 for lost profits taking into account the income that Maria Claudia would have received $ 180,000 in life and intangible damage to Maria Claudia and Macarena.
The poet Juan Gelman specifically asked to be excluded from any compensation. Maria Claudia and Marcelo Gelman were kidnapped in Buenos Aires on August 24, 1976, five months after the coup in Argentina. Marcelo was killed by a shot in the neck and was found in 1989 in a mass grave without a name, along with seven other bodies.
Maria Claudia was seven months pregnant, and moved to Uruguay, where she gave birth to her daughter in captivity. The girl was given to a family of a Uruguayan police as recently as 2000, after 23 years of searching, the poet Juan Gelman was reunited with his granddaughter, who regained his identity. 
Forfeiture law "has no effect because it was incompatible with the American Convention and the Convention on Forced Disappearance of Persons, as it can impede the investigation and punishment of those responsible for serious human rights violations," said the statement, which has just been published on the website of the body of the OAS, which consists of more than 300 pages.
It also determines that Uruguay must ensure that the rule "never again be an obstacle for the investigation of the facts and to present identification and, if appropriate, punish the perpetrators thereof." A ruling is final and binding on States. On the other hand, provides that in a reasonable time Uruguay "must lead and carry out effective investigation of the facts" and "determine the appropriate criminal and administrative responsibilities and apply the resulting penalties provided by law." In addition, calls to continue and accelerate "the pursuit and immediate location of Maria Claudia Garcia Iruretagoyena, or their remains and, where appropriate, deliver them to their families." The international dispute began in 2006 when Juan Gelman and Gelman Macarena (daughter of Maria Claudia and Marcelo Gelman, the son of the poet) demanded from the Commission on Human Rights for violation of Articles 8 and 25 of the American Convention Human Rights.
In mid-2008 the Commission, which had ruled in favor of the Gelman family made a series of recommendations to the Uruguayan government, including repeal the rule in its own way amnesty to the military. Having failed Uruguay recommendations, the agency raised the case to the Inter-American Court of Human Rights.
It was the first case against Uruguay who came to the agency of the OAS. Forfeiture law was enacted at the end of dictatorship (1973-1985), during the first government of Julio María Sanguinetti, and approved in two referendums on two occasions (1989 and 2009) with adverse outcome. This rule has prevented investigate and prosecute those responsible for the violation of human rights during the military regime, including the case of Maria Claudia.
It was in this context that, during the presidency of Jorge Batlle (2000-2005), Macarena Gelman Uruguayan court denounced the kidnapping and disappearance of her mother in 1976, and delivery of herself in a marriage, illegal adoption Uruguay. Forfeiture law requiring judges to consult the Executive if the demands for human rights violations that come to his office are covered by this rule, in which case they close the file, or if, conversely, may still investigation.
Like all governments since the dictatorship, Batlle also said that the abduction and disappearance of Maria Claudia was protected by law. Doors so the Uruguayan courts were closed for Macarena Gelman. This routine was broken with the government recently Vázquez (2005-2010), who gave the green light to the prosecution of several soldiers.
In symbolic terms the Court's decision requires the State to hold a public ceremony "in recognition of international responsibility" on the facts relating to the case Gelman, "a public ceremony conducted by high authorities." Moreover, orders to compensate Macarena Gelman $ 300,000 for lost profits taking into account the income that Maria Claudia would have received $ 180,000 in life and intangible damage to Maria Claudia and Macarena.
The poet Juan Gelman specifically asked to be excluded from any compensation. Maria Claudia and Marcelo Gelman were kidnapped in Buenos Aires on August 24, 1976, five months after the coup in Argentina. Marcelo was killed by a shot in the neck and was found in 1989 in a mass grave without a name, along with seven other bodies.
Maria Claudia was seven months pregnant, and moved to Uruguay, where she gave birth to her daughter in captivity. The girl was given to a family of a Uruguayan police as recently as 2000, after 23 years of searching, the poet Juan Gelman was reunited with his granddaughter, who regained his identity.
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