IACHR TAKES CASE INVOLVING URUGUAY TO THE INTER-AMERICAN COURT
Washington, D.C., February 2, 2010 — The Inter-American Commission on Human Rights (IACHR) filed an application with the Inter-American Court of Human Rights in Case 12.607, Juan Gelman, María Claudia García Iruretagoyena de Gelman, and María Macarena Gelman García Iruretagoyena, Uruguay.
The case involves the forced disappearance of María Claudia García Iruretagoyena de Gelman, which was committed by Uruguayan State agents and began at the end of 1976, with no indication to date of her whereabouts and the circumstances that gave rise to her disappearance; and the suppression of the identity and nationality of María Macarena Gelman García Iruretagoyena, daughter of María Claudia García de Gelman and Marcelo Gelman. The case also involves the denial of justice, the impunity, and in general, the suffering caused to Juan Gelman, his family, María Macarena Gelman García Iruretagoyena, and the relatives of María Claudia García de Gelman as a result of the failure to investigate the facts and prosecute and punish those responsible by virtue of Law No. 15.848 or the Amnesty Law (Ley de Caducidad), enacted in 1986 by the democratic government of Uruguay.
The case was sent to the Inter-American Court on January 21, 2010, because the Commission determined that the State had not complied in a satisfactory manner with the recommendations contained in the report on the merits approved by the IACHR in accordance with Article 50 of the American Convention on Human Rights. In that report, the Commission concluded that the State of Uruguay was responsible for violating rights protected by the Convention.
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote respect for human rights in the region and acts as a consultative body to the OAS in this matter. The Commission is composed of seven independent members who act in a personal capacity, without representing a particular country, and who are elected by the OAS General Assembly.
Admissibility Report on Case 12.607, Juan Gelman, María Claudia García Iruretagoyena de Gelman, and María Macarena Gelman García Iruretagoyena
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