May 11, 2011
In the past month has been a huge discussion about the amnesty law of the State's punitive. The discussion of this rule obscures the discussion of the major underlying theme, which is impunity. Is this what we want to touch, because we understand that, as is being discussed, the serious problem of impunity unilateraliza, the caricatures, is trivialized and generates even more confusion in public opinion. Forfeiture law is a source of impunity, but it is not unique.
was arrested and disappeared from our family, we always had the same logic and primitive aspiration: to know what happened to them.
During the dictatorship only we were lied to and misinformed. Then, as a rule of law, our simple questions were ignored or were evasive and not put obstacles to investigate. The government continued to breach their obligations, which are not merely moral obligations or statements of good intentions: they are legal obligations, enforceable and enforceable nationally and internationally.
These obstacles were numerous and of different types: from indifference government, through bureaucratic malpractice to approval by Parliament, with the majority of the time, the unconstitutional Limitation Act. He should not be overlooked that the Forfeiture Act also contrary to a law that precedes it in a few months, passed by the Parliament itself: the Amnesty Law (No. 15737) of 03.08.1985 which says "Article 5. "Excluded from the amnesty for crimes committed by police or military officials, matched or similar, they were perpetrators, accomplices or accessories to inhumane, cruel or degrading treatment or detention of people who then disappeared, and those who had concealed any such behaviors. This exclusion also extends to all crimes committed even by political motives by people who have acted covered by the power of State in whatever form or from government positions. " This law relies on and incorporates well-to-regional and international instruments signed and ratified by our country.
All obstacles were placed in the context of a political campaign that sometimes frighten the population with a possible coup, sometimes enthralled with the idea that it was carrying out an original "peaceful change" or lectured with the repeated phrase "do not have eyes in the neck."
was during this period that the concealment and impunity became state policy beyond what is legal. It was the period when State knelt before the military. Never, during those governments, sought the truth, never changed anything about the military. Was promoted to officers with responsibility for torture, executions and forced disappearances. Not any change to the institutional doctrine or the education of the Forces to fit the needs of a democratic state of law. There was no criticism or demands. What is more, all developed in an environment close to complicity with the need for truth and justice for victims, families and the entire Uruguayan society.
Expiration law is perverse, but their application at that time was even worse.
Moreover, it is important to remember that the repressive form of enforced disappearance provides impunity from its implementation (in addition to the usual repressive apparatus, groups of officers acting illegally and in collaboration with paramilitaries, pseudonyms, vehicles with false license plates; aircraft flights undeclared and clandestine torture centers and detention, etc.).. Criminals hide their misdeeds not only that these were more terrifying, also not assume, either then or later, his responsibility. Now, after the crackdown, they hide behind ignorance and silence that infamous call "duty of loyalty between comrades. "
Uruguay, the State did not result in any commission of inquiry as in Argentina or Chile, two brothers and as countries linked to us on this issue by Condor.
The first post-dictatorship governments bet on the dilution of the problem, our tiredness, forgetfulness, over time, minimization of the crime. The proclaimed "great statesmen" with their complicity deprived our country of dignity. Know: is the worst spot. That they can not hide under way, as now, art of the chameleon.
the first 20 years of return to democracy ever the state, except the belated effort of the Peace Commission to gather information, did something deep, demanding, really ... That was and is their duty. There has never been nor is there any law now that prevents compliance with at least its obligation to investigate and report the truth.
settled
So impunity, and crystallized the status quo of continuing to allow the removal of those persons for whom no response. Thus, the State still areas of non-control over their officials, who serve the people of Uruguay and not some corporate interest. So he lied to the President Vázquez, so led to groups of people they are investigating, digging ... to get bits of truth while those who really know what happened, silent. So now, you have to be an international ruling which, to our shame, I remember the unfulfilled obligations country ... So you get to this complex situation in which we have not been able to start quiet, firm and consequently the way of fully restoring the right.
For all these reasons we want to convey, as we do since 1985, some of our convictions:
There is no road to the truth without a thorough investigation. She needs a serious, reliable and accurate relation to population. It also requires a strong and efficient coordination of various government agencies and non-state domestic and foreign. Articulator requires a team trained, dedicated and proactive. Thus, from a year ago, we are dealing with the presidency. Requires
, says the decision of the Court, referring to the present case (but which is valid for all cases), the investigation and punishment of those responsible for serious human rights violations. Required to achieve information from military and police, which implies a change of attitude of the political hierarchy and professional managers. Read well and completely the sentence.
We never encourage revenge or disrespect for the rules that govern our society and the world. Not words, is our path. Sincerely tried to carry with simplicity and straightforward, our thoughts to our compatriots. We never did flow of political, religious, personal or any of our struggle with which, in addition to working against enforced disappearances, we intend to contribute in building a country more respectful of the duties and rights of all persons and society. We have no ill intentions openly.
Make no mistake, the grave and complex situation that we are now is legal, it is also affected by political and international commitments. Is all that, but more than that, is a matter of decency. This does not fix it "cutting the knot, taking the shortcut solutions on paper, imposing or raising dust storms forgotten to bury the public eye.
From the bottom of our hearts we believe that appeal to what many may think is impossible: to create a new climate that helps to ensure that the truth will make its way.
begin to recognize that we are facing a national problem. It's more of a problem the government or the ruling party. Partidicemos not a state problem, we can not responsibly continue to build back and forth, misunderstandings and injunctions.
Where is leading the country: there is a rule that all branches of government recognize that it is unconstitutional, there is a ruling by the Inter-American Court of Human Rights, there is an abhorrent vacuum research. Can not solve this problem?
know that the majority of parliamentarians, outside and inside the ruling party, honestly wants the country to pay off this debt once and for all. Some were known since the time of the "green vote" are the legislators who, in this same period, voted that the law is unconstitutional.
Parliament, what will?, Will you follow the few, "balcony" the stagnation of the proposed solutions and sticking, in fact, keeping the core of politicians who have always opted for the impunity of terrorist state?, will you follow the other, bent on a proposal with obvious problems? It would be tragic if they stay and leave us all, imprisoned by the circumstances.
The court's ruling is binding on every state-including the electoral body to comply with international obligations; as "fact attributable to the State and generator, therefore, that international responsibility" pg 238. We require all of us. This we must understand the political system and consequently assume its most essential function: to lead the country according to democratic principles and Republicans, national and international rules that govern us. We hope you find a solution. It is necessary to solve the overall problem of impunity.
There's plenty to do:
clear to citizens who are away from the subject, this is everybody.
clear the enormous confusion and disappointment now affects many compatriots.
once and for all, put all the human and material resources by the state to investigate thoroughly and seriously the situation of persons detained-disappeared.
work with current members of the armed forces, they understand that this capricious maintained silence today is not part of any fighting, that is just evil, plain, pure, plain and unnecessary. Evil to young children who were abducted and still not know who they are, to society that, having been victimized in multiple ways during the dictatorship, aims to better standards of living together for us. The commanders of the armed forces can and should help to eradicate the old doctrines the times of the Cold War, to bring into its ranks the air of respect and caring with strong roots in the armies Artigas and own the new democratic conceptions of the military. So in this new climate, this hateful attitude of silence would not be today receipt.
All this requires a necessary correction of the doctrine and the democratic formation of the armed forces.
Sometimes, when the reason dark, light heart.
Then, if all worked in this regard, we would start to put our country on the path of lost dignity, would begin to create conditions for reconciliation and institutional coherence.
... maybe then we would understand what was so old and so present that "the truth sets us free."
invite 20 May at 19 hrs. to march across the country, under the slogan
Truth and Justice:
rights of all responsibility of the State Family
