By Brendan Bergh
Impunity Watch Reporter, South America 

MONTEVIDEO, Uruguay – The resignation of Uruguay’s Supreme Court Justice Marina Moto sent shockwaves through the country. Not simply due to the Justices’ unparalleled transfer from the criminal sector to the civilian court, but because Judge Moto had been the main driving force behind the investigations of crimes against humanity during the military governments control of the country from 1973-1985.

Human rights defenders and groups throughout Uruguay and Argentina have protested the change, citing Mota as one of the most significant contributors in trials against military and civilians related to war crimes. She had more than 50 open cases under investigation at the time of her transfer.

Her transfer triggered wide spread reaction, Human rights officials organized a joint-protest at Mota’s ascension to the civil judgeship. Some 300 protestors came to show their disapproval for her shift, and of a new controversial Supreme Court ruling that declared unconstitutional a law that prevented the statute of limitations on crimes committed during the military regime. There were clashes at the protest requiring police action to evict some of the unruly protestors.

The court’s ruling which repealed law 18,831 has effectively nullified investigations into military personal accused of human rights violations and granted technical immunity to those accused. The court justified its ruling that abuses committed during the military regime cannot be considered crimes against humanity, because at the time the crimes were committed, there were not considered crimes against humanity within the Latin American country.

The Uruguayan military dictatorship is accused of forcibly disappearing some 200 people. Thousands of others may have been arbitrarily detained and tortured. According to data, Uruguay had one of the highest rates of political prisoners per capita in the world in the 1970s.

Alberto Pérez Pérez, who currently serves as a judge of the Inter-American court of Human Rights has stated that if the Supreme Court ruled 18, 831 unconstitutional, than the country would be in violation of international law.

While Moto claims she has no reason to explain herself, Enrique Rubio a member of the Uruguayan Senate plans to call the justice before parliament to justify her actions. While a Supreme Court Justice has never called a justice before them since the fall of the dictatorship, the parliament lacks a legal means to force a compulsory presence from a Supreme Court Justice. Despite not being able to force a meeting, Rubio has referred to the meeting as an extension of an invitation to explain herself.

For further information, please see:

BBC Mundo – Uruguay: Protests At Supreme Court For Ruling On Human Rights Cases – 25 February 2013

BBC Mundo – How Are Cases Of Abuse Of DD.HH. In Uruguay – 23 February 2013

BBC Mundo – Uruguay: Judge Transfer Sweeping The World Of DD.HH. – 22 February 2013

Pulsa Merica – Uruguay: Human Rights Judge Mota Transferred To Civil Court Duties – 17 February 2013