Practice Relating to Rule 150. Reparation
Section C. Forms of reparation other than compensation
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 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 … restitution and rehabilitation 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 7º. – The State shall promote material or symbolic actions of moral reparation in order to restore the dignity of the victims and to establish its responsibility. Such actions shall tend to honour the historical memory of the victims of terrorism and the illegitimate use of State power exercised during the period indicated in articles 1 and 2 of the present Law.
Article 8º. – In all public places where it is well-known that the human rights violations referred to in the present Law occurred, the State shall place on their exterior and in a spot visible to the public, plaques or symbolic material expressions recalling such events; be able to define the memorial placement for those buildings or facilities that recall such violations and may determine the celebration of dates commemorating the verification of the facts.
Article 9º. – The Uruguayan State, through the Special Commission established in Chapter IV of the present Act, shall issue a document establishing victim status and the institutional responsibility borne by the State for having undermined the human dignity of persons who:
A) have been detained for more than six months for political, ideological or union reasons, without having been tried in the country or abroad, under the control or participation of agents of the State or persons who, though not agents, would have had the authorization, support or acquiescence of such agents; and persons who have been tried for political, ideological or union reasons in the national territory.
B) have died in detention.
C) 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 Law.
D) at the time of the promulgation of the present Law, are in a situation of enforced disappearance.
E) 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.
F) have suffered serious and very serious personal injuries as a result of or during actions by agents of the State in the country or abroad.
G) were born while their mother was deprived of her liberty, or who as children were detained with their mother or father.
H) as children disappeared.
I) have been forced to leave the country for political, ideological or union reasons.
J) have required or remained in hiding within the national territory for a period exceeding one hundred and eighty days running, for political, ideological or union reasons.
The relevant document shall be issued at the request of the party concerned or his successors or relatives, where appropriate.
Article 10. – The victims defined in articles 4 and 5 of the present Law, who have been detained for more than six months without having been tried, or who have been tried or suffered very serious injuries as a result of or during actions by agents of the State, or who as children were abducted or held in captivity with their parents, shall have the right to receive, free of charge and for life, on request, medical services that include psychological, psychiatric, dental and pharmacological assistance that will guarantee their full health coverage under the National Integrated Health System.
Without prejudice to these services, the State shall also provide, on request, scientific and technical support for the physical and psychological rehabilitation necessary to address any effects that impede the educational capacity or social integration of the victims.