A Uruguay court sentenced former military ruler Gregorio Alvarez to 25 years in prison for murder and human rights violations Thursday. He was found guilty of 37 homicides committed during his time as army chief in the 1970s and later as president.
By Santiago O'Donnell and Carlos Montero
In the same case, former naval officer Juan Carlos Larcebeau was sentenced to 20 years in prison for his part in 29 murders.
Both sentences came hours before the Uruguayan Supreme Court declared unconstitutional an amnesty law approved by Congress in 1986 and ratified by a national referendum in 1989.
82-year-old Alvarez played a key role in the country’s 1973 coup before going on to become commander-in-chief of the army and ultimately president of Uruguay’s military junta from 1981 to 1985.
He was arrested in 2007 and in Thursday’s ruling, Judge Luis Charles found Alvarez guilty of the crime of “forceful disappearance” and “aggravated homicide” of 37 left-wing activists in 1978.
“Triumph for democracy”
“The Alvarez ruling is a triumph for democracy, since he was a symbol of the repression that occurred during the years of state terrorism,” said human rights activist Guillermo Paysee, director of Serpaj-Uruguay.
“But the struggle must continue and we won’t give up until we get rid of the amnesty law that is crippling our freedom and dignity,” he added.
Justice has been slow in coming to the small Latin American country but after 12 years of dictatorship and a quarter-century of democracy, history accelerated over the course of a few days.
The convictions of Alvarez and Larcebau highlighted Uruguay’s changing position regarding crimes committed under the dictatorship. In March, eight former soldiers and police officers were convicted for their role in enforced dissapearances.
Juan María Bordaberry, who ruled the country from 1973 to 1976, is also awaiting judgement on charges relating to the deaths of four people, including two members of Uruguay’s General Assembly.
Overturning amnesties
Uruguay has been under democratic rule since 1985 and these recent developments are seen as bringing it closer to policies adopted by Argentina, which overturned an amnesty for crimes committed under its own 1976-1983 dictatorship. Chile is also prosecuting around 500 soldiers for crimes against humanity carried out during General Augusto Pinochet’s 1973-1990 rule. Uruguay’s first left-wing president, Tabare Vazquez, took office in 2005 and opened the door to prosecuting human rights violations committed under the dictatorship.
But cases concerning 231 other desaparacidos have still not come to court. Soldiers alleged to have played a role in their disappearance refused to respond to judges’ summonses because of a de facto amnesty.
The law in question - Ley de Caducidad de la Pretencion Punitiva del Estado, or Expiry Law – prevents the prosecution of police and military officials for crimes committed prior to 1985.
The cases against Alvarez and Larcebeau were not covered by the country’s amnesty law because the victims were kidnapped in Argentina and the law only refers to crimes committed in Uruguay.
Last week, in a case involving the murder of Nibia Sabalsagaray, a communist activist in a military garrison in 1974, the Uruguayan Supreme Court ruled that the Ley de Caducidad is unconstitutional.
A referendum to abolish the amnesty, however, was narrowly defeated on Sunday in Uruguay’s national election.
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