| 
 
 | 
| 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).   
 |