Practice Relating to Rule 159. Amnesty
Section B. Prohibition on amnesty for war crimes
Under its Amnesty Law of 1985, Uruguay granted amnesty with respect to all political offences and criminal and military offences related thereto committed after 1 January 1962. “Political offences” are defined as those committed directly or indirectly for political motives. The amnesty extends to all persons accused of committing these offences as authors, co-authors or accomplices and accessories, whether or not they have been convicted or tried. Offences committed by police or military personnel, equiparados
, and others who have subjected individuals to inhuman, cruel or degrading treatment or detained individuals who subsequently disappeared are excluded, as are offences committed by persons of these categories who acted as accomplices for or covered up those offences. Penalties and sanctions imposed for the amnestied offences were also declared null and void ab initio
Uruguay’s Law on Cooperation with the ICC (2006) states:
The crimes and punishments set out in Titles I to III of Part II of the present law [genocide, crimes against humanity and war crimes] may not be abolished by a pardon, amnesty, grace, or any other act of sovereign or similar mercy which would impede the prosecution of suspects or the effective execution of a punishment.