Practice Relating to Rule 150. Reparation
Uruguay’s Law on Cooperation with the ICC (2006) states:
14.1. The State shall be responsible for the reparation of victims of the crimes set out in Titles I to III of Part II of the present law [which include war crimes] committed in the territory of the Republic or abroad by agents of the State or by persons who were not agents of the State but who acted under the authorization, support or acquiescence of State agents.
14.2. The reparation of the victim must be comprehensive and include indemnity … and must be extended to the victim’s relatives or to the group or community to which the victim belongs. “Relatives” are understood as the group of persons united by the bond of marriage or parenthood as well as by the act of cohabiting or maintaining a common form of life.
Uruguay’s Law on Reparations (2009) states:
RECOGNITION BY THE STATE
Article 1º. – The breach of the rule of law which prevented individuals from exercising their fundamental rights, in violation of human rights or international humanitarian law, between 27 June 1973 and 28 February 1985 shall be recognized.
Article 3º. – The right to full reparation shall be recognized for all persons who, by action or omission of the State, are included in the definitions of articles 4 and 5 of the present Law. Such reparation shall be provided – where appropriate – with appropriate measures of restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition.
DEFINITION OF VICTIMS
Article 4º. – Any person who suffered a violation of his right to life, his psychophysical integrity or his freedom within or outside the national territory, between 27 June 1973 and 28 February 1985, for political, ideological or union reasons is considered a victim of State terrorism in the Eastern Republic of Uruguay. Such violations must have been committed by agents of the State or persons who, though not agents, would have had the authorization, support or acquiescence of such agents.
Article 11.– The following persons shall receive compensation, once only:
A) The family members of victims, including second-degree relatives by consanguinity, spouses or partners, who have been declared missing by judicial decision, under Law No. 17,894 of 14 September 2005, or who disappeared in a publicly and well-known event prior to the promulgation of the present Act or who, at the time of the promulgation of this Law, are in a situation of enforced disappearance or who have died as a result of or during illegitimate actions by agents of the State or persons who, though not agents, would have had the authorization, support or acquiescence of such agents, shall receive a sum of 500,000 IU (five hundred thousand indexed units). If there is more than one beneficiary, this amount shall be distributed in equal parts.
B) Victims who have suffered very serious injuries as a result of or during actions by agents of the State shall receive a sum of 250,000 IU (two hundred and fifty thousand indexed units).
C) Victims who as children disappeared for more than 30 days shall receive a sum of 375,000 IU (three hundred and seventy-five thousand indexed units).
D) Victims who were born while their mother was deprived of her liberty, or who as children were detained with their mother or father for more than 180 (one hundred and eighty) days, shall receive a sum of 200,000 IU (two hundred thousand indexed units).
– Any person who has received any type of economic benefit as a result of their victim status in accordance with the provisions of articles 4 and 5 of the present Law, through an implemented court judgment, judicial or extrajudicial transaction, is not eligible for the compensation provided for in article 11 of this Law.