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Case 1909 URUGUAY
BACKGROUND: 1. In a
communication dated May 20, 1975, the following was denounced: “Mr.
Jorge Mazzarovich was detained in October 1974. His case was submitted
to the Military Trial Court 3rd Session. This Court decreed
his freedom, without any restriction and not ‘under deferment,’ He
was set free, but the Police, although the judicial sentence did not
authorize it to do so, obliged him to appear weekly. On one such
occasion, in the middle of April 1975, he was again detained. He was
transferred to Flores, where he remained incommunicado, was set
free on May 10, and again detained on the 16th (May 16,
1975).” 2. In compliance
with a decision taken at its 25th session, the Commission, in
a note dated August 7, 1975, transmitted the pertinent parts of the
denunciation to the Uruguayan Government inquiring whether this latest
detention was the result of a measure revoking his conditional freedom
or whether some new act was imputed to him. If judicial proceedings had
been initiated, that it kindly supply any information it might deem
opportune on the nature of the charges of which he was accused, on the
judicial proceedings carried out in the aforesaid process, and its
present status. 3. The Government
of Uruguay, in a note dated May 18, 1976, replied to the Commission’s
request for information in the following terms: “As
regards the new detention... of Jorge Mazzarovich, it should be noted
that: a.
He was again detained on May 16,
1975, under the Prompt Security Measures (Constitution of the Republic,
Art. 168.17) in the capacity as one of the top leaders of an illicit
association; b.
He was set free on June 1, 1977.” 4. This reply from
the Uruguayan Government was transmitted to the claimant on June 14,
1976, requesting his timely observations. 5. The claimant,
in his communication dated September 11, 1976, made the following
observations: “Although
Mr. Jorge Mazzarovich was set free in June 1975, he was arrested again
in January 1976, and is still in detention, incommunicado, his
place of detention not having been revealed to his family. I hereby
formally denounce these facts.” 6. The Commission,
in compliance with a decision adopted at its 39th session,
again addressed the Uruguayan Government on March 3, 1977, requesting
that it indicate the reasons for the arrest of Mr. Jorge Mazzarovich for
the third time. 7. The Government
of Uruguay, in a note dated March 10, 1977, replied in the following
terms: a.
The reasons for detaining Mr.
Jorge Mazzarovich for the third time are contained explicitly in the
aforementioned note of that Mission 313/76-16.B.18 dated May 18, 1976,
which, in paragraph 2 states that Mr. Mazzarovich was again detained on
May 16, 1975, under the Prompt Security Measures, as a top leader of an
illegal organization, and that he was released on June 1, 1975;” 8. The pertinent
parts of the reply from the Uruguayan Government were transmitted to the
complainant in a letter dated July 20, 1977. In an earlier letter dated
April 25, 1977, he had supplied the following additional information: “He
was held incommunicado for months after his arrest,. . . he was
brutally tortured, despite his state of permanent poor health. Then he
was again brought before the Military Courts, which ordered him put to
trial.” 9. In its note
dated September 19, 1977, the Commission transmitted this additional
information to the Government of Uruguay, and requested it to take such
steps as it felt were required to supply the Commission, as soon as
possible, with all the information on this case, WHEREAS: 1. To date, the
Government of Uruguay has not responded to the Commission’s request
dated September 19, 1977; 2. Article 51.1 of
the Regulations of the Commission provides as follows: Article
51: The
occurrence of the events on which information has been requested will be
presumed to be confirmed if the Government referred to has not supplied
such information within 180 days of the request, provided always, that
the invalidity of the events denounced is not shown by other elements of
proof. THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES: 1. Pursuant to
Article 51.1 of the Regulations, to presume the facts denounced in the
communication dated April 25, 1977 regarding the arbitrary detention and
torture of Mr. Jorge Mazzarovich to be true. 2. To observe to
the Government of Uruguay that these events constitute a violation of
(Article I) right to life of the American Declaration of the Rights and
Duties of Man, (Article XVIII) right to a fair trial, (Article XXV)
right to protection against arbitrary detention, and (Article XXVI)
right to due process. 3. To recommend to
the Government that it immediately release Mr. Mazzarovich, or bring him
to a fair trial, if there are grounds for so doing, and to remind the
Government that invoking the Prompt Security Measures does not in itself
justify his indefinite detention. 4. To recommend to
the Government that it investigate the facts denounced and that it
punish those responsible and that, within 60 days it inform the
Commission of the measures taken. 5. To communicate
this Resolution to the Government of Uruguay and to the claimant. 6. To include this
Resolution in the Annual Report of the Commission to the General
Assembly of the Organization of American States (Article 9 (bis),
paragraph c. iii of the Statute). (Approved
at the 579th meeting of June 21, 1978 (44th
Session) and transmitted to the Government of Uruguay on July 18, 1978).
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