Practice Relating to Rule 150. Reparation
Uruguay’s Law on Cooperation with the ICC (2006) states:
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.
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
– 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.