A/HRC/26/7
17.
Investigation and trial of crimes committed during the military regime in the
country’s recent past. The inaction that had characterized the State during the period in
which Law No. 15.848 of 1986, known as the Law on the Expiry of the Punitive Claims of
the State, had been enforced, was over. In 2005, the paradigm of impunity had shifted when
new claims were considered as being beyond the scope of the Expiry Law, and the
administrative acts that had provided that the Law was applicable to such claims were
revoked. In 2011, the punitive claims of the State that had been deemed to have expired
under Law No. 15.848 were re-established pursuant to Law No. 18.831, thus restoring the
competence of the judiciary over those cases. At the same time, the State accepted
responsibility for the cases of human rights violations that had resulted from State terrorism
and repressive regional coordination through Operation Condor.
18.
The path towards the re-establishment of truth, the full operation of justice and the
punishment of crimes had not been free from difficulties. In 2013, the Supreme Court of
Justice had declared two articles of Law 18.831 to be unconstitutional. Those articles had
provided that no period of limitation or expiry would apply between 22 December 1986 and
the entry into force of that law in October 2011 in respect of grave violations of human
rights committed during the civil-military dictatorship, and that such offences constituted
crimes against humanity in accordance with international treaties to which Uruguay was a
party.
19.
While those two articles had been declared unconstitutional with respect to some
specific cases, the Supreme Court considered that the law that had introduced the crime of
enforced disappearance must not be applied retroactively to cases of enforced
disappearance carried out during the military dictatorship, therefore allowing the statute of
limitations to apply in those cases. Trials that were currently under way in various courts in
Uruguay regarding serious human rights violations, many of them involving enforced
disappearances, had continued, although they now faced different positions regarding the
imprescriptible nature of the crime of forced disappearance.
20.
The Government of Uruguay, for judicial and ethical reasons, wished to continue on
the path of truth and justice; the delegation reaffirmed the Government’s commitment to
completely fulfilling its international obligations.
21.
The delegation acknowledged that there were still areas where further improvements
were needed and which required greater resource mobilization and the implementation of
new tools. It highlighted the important role of civil society.
22.
The delegation referred to the 44 voluntary pledges and commitments set out in the
national report, which were targeted at strengthening the protection of human rights in the
country. It welcomed contributions that might help Uruguay to improve the quality of its
policies and the efficiency of its institutions for the protection of human rights.
B.
Interactive dialogue and responses by the State under review
23.
During the interactive dialogue, 81 delegations made statements. Recommendations
made during the dialogue are to be found in section II of the present report. All written
statements of the delegations, to be checked against delivery on the United Nations webcast
archives,1 are posted on the extranet of the Human Rights Council when available.2
1
2
http://webtv.un.org/meetings-events/human-rights-council/universal-periodic-review/18thupr/watch/uruguay-review-18th-session-of-universal-periodic-review/3122325213001.
https://extranet.ohchr.org/sites/upr/Sessions/18session/Uruguay/Pages/default.aspx.
5
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