On September 11, the Federal Appeals Court in Uruguay confirmed the indictment against former president Juan María Bordaberry for his alleged responsibility in the murder and disappearance of militants in the 1970s. At the same time, a signature campaign for revoking the amnesty law is gaining momentum. The court notes "the passive stance and lack of interest in the illegal detentions" that characterized Bordaberry's presidency. It also mentions Uruguay's participation in Operation Condor, a collaborative campaign of political repression by several Latin America military dictatorships. The ruling comes at a time of increasing turmoil over how to deal with crimes committed under the military regime. Two weeks ago, a broad coalition of social organizations and political parties kicked off a signature-gathering campaign to strike down the amnesty law approved in 1986, one year after the return of democracy, and ratified in a plebiscite three years later. The coalition is gathering speed as more evidence of atrocities that occurred during those years becomes available. It is also helped along by neighboring Argentina's recognition that international law challenges the validity of amnesty laws for crimes against humanity.
14 people disappeared during the Bordaberry dictatorship
Bordaberry, a civilian, was elected to office by popular vote in 1972, but the following year he struck a deal with the military, dissolved the parliament and replaced it with a board of military advisors. The Bordaberry dictatorship that followed lasted three years, during which 14 people disappeared. Then Bordaberry was replaced by one of the members of the board. Over the next nine years, more than 300 dissidents disappeared.
Impunity started with the election of Tabaré Vázquez in 2005, the first-ever socialist president in Uruguay and leader of a coalition that placed human rights at the top of the political agenda. Vázquez had vowed to respect the amnesty law, but he opened the door to exploiting the legislation's weaknesses. The amnesty law exempted civilians, so Bordaberry became a primary target. In November 2006, the former president and his former minister of Foreign Affairs Juan Carlos Blanco were arrested for their suspected role in the death of two legislators and two militants who had been murdered in Buenos Aires in 1976 with the complicity of Montevideo. "Justice has spoken; justice has been done," applauded Vázquez. Bordaberry was later indicted for another ten deaths and for violating the constitution. In January, with his health ailing, he was placed under house arrest. Last week, the court ruled that the charge for violating the constitution exceeded the statute of limitations, but upheld the aggravated murder charges.
"The amnesty law will fall"
"The Bordaberry case is emblematic because nobody in the history of Uruguay had ever been indicted before for being the co-author of fourteen murders," said Guillermo Payssé, director of SERPAJ, a leading human rights organization. Vàzquez has taken steps to appease worried supporters of the military regime. For example, he recently promoted a "reconciliation" rally in the presence of his entire cabinet, but missed out on a march to commemorate the anniversary of the military coup. He also supported a reparations bill that equated victims of guerrilla attacks with victims of state terrorism. The amnesty law campaign has created a rift within the governing coalition, where many disagree with the president's position. Payssée said the signaturegathering push has now spread out to the interior and will likely reach the 250,000 signatures needed to be included in the propositions for the 2010 presidential election. "The amnesty law will fall by its own weight. Uruguay is under constant pressure by the international courts to remedy this legislation and public opinion is coming to terms with its own history. But we have a lot of work ahead," he said.















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