By Eric C. Sigmund
Managing Editor of News
MONTEVIDEO, Uruguay – About 200 Uruguayans were kidnapped and murdered by military officials during the military dictatorship which ruled Uruguay from 1973-1985. Since the demise of the military regime, human rights activists have sought to bring those military leaders responsible for the detainment and state-sanctioned executions to justice for human rights violations. Over 25 years later, Uruguay’s Supreme Court ruled last week that the actions of two military officials accused of killing 28 people did not amount to human rights crimes.
The country has long debated how to address dictatorship-era crimes. A 1986 amnesty law currently protects former military officers from prosecutions for crimes committed during military rule. While the country’s legislature is currently deciding whether to repeal the law, stiff opposition from within President Jose Mujica’s ruling leftist coalition is causing political fragmentation within Parliament.
President Mujica, who has traditionally been supportive of the amnesty law, has said that he would not veto a repeal of the law. Despite the President’s support of the military, his ruling coalition has stressed that many of the cases against military officials fall outside the purview of the amnesty law. This has allowed the government to convict 20 former military officials since 2005. Many citizens however, remain unhappy with the government’s progress, noting that the amnesty law continues to shield some high profile officials from the reach of the law.
Last week’s ruling was another blow to human rights activists. While not denying the significant evidence of guilt presented against the officers, the Court ruled that the killings should be classified as murders rather than human rights violations. The Court’s decision is significant since the statute of limitations for murder in Uruguay, twenty years, has already expired. There is no statute of limitations for human rights crimes.
Human rights groups have been vocal in their opposition to the Court’s ruling. Representatives of the Memory and Justice Assembly called the ruling a “disgrace that will go down in history.” The Inter-American Court of Human Rights has also urged the Uruguayan government to lift all restrictions to prosecution.
Perhaps the staunchest criticism of the government’s attempts to annul the amnesty law has come from within the military. A number of soldiers have condemned trials against former military officials and have called for an end to “political persecution.” Colonel José Araujo, further raised the prospect of fierce governmental infighting, stating that continued prosecution “may destabilize the country.”
While commentators have denied the existence of any tangible threats to democracy in the country, the process moving forward will likely continue to divide the country. Repeal of the 1986 amnesty bill could open the door for the prosecution of at least 10 more former military officials.
For more information, please see:
Reuters – Uruguay Rules State killings Not Human Rights Crimes – 13 May, 2011
Agence France Presse – Amnesty Law Overturn Stirs up Old Passions in Uruguay – 9 May, 2011
Guardian – Uruguay Split Over Ending Amnesty for Rights Violations Under Dictatorship – 26 April, 2011
