Document #1062543
IRB – Immigration and Refugee Board of Canada
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.
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."
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."