Last Updated: Thursday, 17 April 2014, 13:11 GMT

Uruguay must annul law that protects police and military torture suspects

Publisher Amnesty International
Publication Date 20 October 2009
Cite as Amnesty International, Uruguay must annul law that protects police and military torture suspects, 20 October 2009, available at: http://www.refworld.org/docid/4ae168fb1a.html [accessed 20 April 2014]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

A law in Uruguay that has allowed the police and military to get away with torture and murder should be annulled, Amnesty International said on Monday, as the country prepares to vote in a referendum on the future of the law.

The law - Ley de Caducidad de la Pretencion Punitiva del Estado, or Expiry Law – prevents the prosecution of police and military officials for crimes committed until 1985, covering the eleven-year period of military and civilian rule when thousands of cases of torture and many disappearances were documented.

Ninety-nine percent of political prisoners interviewed at the time by local human rights groups claimed they had been tortured. At its peak, the number of political prisoners held during the period reached 7000, according to estimates.

"This law was designed as a get-out-of-jail-free card for those who tortured, killed and disappeared people in Uruguay," said Guadalupe Marengo, Americas Deputy Director at Amnesty International.

"Now it is time for Uruguay to show that it will not permit impunity for these crimes. Justice is owed to the victims."

"The law violates Uruguay's international legal obligation to provide justice and uncover the difficult truths of its recent past. This law must be declared null," said Guadalupe Marengo.

The law was proposed by the democratically-elected government of Julio Maria Sanguinetti and approved by Congress in December 1986. It was confirmed by popular vote through a referendum in 1989.

Interpretations of the law have limited its reach to cover crimes committed after the military coup of June 1973 and within Uruguayan territory.

Although some judges have used their discretion to exclude certain cases from the reach of this law, its annulment is the only way that Uruguay can ensure it will not hinder the course of justice, and that similar abuses will not occur in the future.

On Monday, the Uruguayan Supreme Court of Justice declared the Expiry Law unconstitutional in the case relating to the 1974 death of activist Nibia Sabalsagaray in a military establishment.

This long-awaited decision was reached only days before the Uruguayan people are due to vote on the annullment of the law in a referendum on 25 October.

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