Information on the "Ley de Caducidad de la Pretensión Punitiva del Estado" (Law of Expiration) passed in 1986 and its current status or application [URY11025]

Please find attached some documents that discuss the Ley de Caducidad and provide some details. The plebiscite referred to in the documents was held to seek approval or rejection of the law by Uruguayan citizens. Information on the plebiscite can be found among previous Responses to Information Requests in the Refinfo database.

As indicated by telephone, a copy of the law can be requested from sources in Uruguay, but it would likely not be available in time to meet your deadline. Information on changes or developments affecting the law could not be found among the sources currently available to the IRBDC.

As indicated in the attachments the Ley de Caducidad, referred to as an amnesty law in some of the documents, was passed by the government on 22 December 1986 (Latin American Weekly Report 8 Jan. 1987, 8). The law pardoned human rights violations committed between 1973 and 1985, excluding those cases in which officers sought illegal financial gain or exceeded orders (Ibid.). The law reportedly left the presidency empowered to investigate cases of disappeared persons (Ibid.).

One of the few recent (1990-1992) references to the Ley de Caducidad found among the sources currently available to the IRBDC is a news item reporting details, related to a 1976 disappearance, exposed in 1990. The report states:
The amnesty law does not prohibit private or governmental investigation of abuses. However, it blocks any prosecution of those who may be found responsible (Inter Press Service 15 June 1990).

Please note that the other documents mention limitations on the prosecution only for abuses committed between 1973 and 1985.

Reports on some of the legislation's draft proposals and discussions preceding the final draft and passing of the law can be obtained and forwarded upon further request.

References


Inter Press Service. 15 June 1990. "Uruguay: Revelations Renew Interest in Human Rights Case." (NEXIS)

Latin American Weekly Report [London]. 8 January 1987. "Amnesty is Chosen as Lesser Evil."

Attachments

Amnesty International. 2 February 1987. "Uruguay: Amnesty International's Concerns on `Disappearances' Following Legislation Granting Immunity from Prosecution to Alleged Violators of Human Rights." (AI Index: AMR 52/01/87). London: Amnesty International Publications.

The Associated Press. 1 March 1990, AM Cycle. Daniel Gianelli. "Lacalle Sworn in as New Uruguayan President." (NEXIS)

Burt, Jo-Marie and Servicio Paz y Justicia - Uruguay (SERPAJ). 31 August 1988. "The Current Status of the Campaign for the Referendum on the `Ley de Caducidad' in Uruguay." Montevideo: Comisión Nacional Pro-Referendum, p. 1.

Inter Press Service. 15 June 1990. Mario Lubetkin. "Uruguay: Revelations Renew Interest in Human Rights Case." (NEXIS)

_____. 12 June 1990. Raul Ronzoni. "Uruguay: New Evidence in Disappearance Case Reopens Debate." (NEXIS)

Latin American Weekly Report [London]. 8 January 1987. "Amnesty is Chosen as Lesser Evil."