"The state must ask forgiveness for human rights violations" Because 
Dr. Oscar Lopez Goldaracena, one of the most respected jurists in the field of Human Rights, believes that 2007 was "historic" and that the country should move towards "comprehensive human rights culture." The Limitation Act "created a culture of impunity" and therefore "must be declared invalid." Mauricio Pérez
Claim. Goldaracena Lopez said that progress in terms of Justice "is essential to remove the amnesty law of the Uruguayan legal system."
The lawyer claimed that the state should apologize for "his people" by the human rights violations committed during the civil-military dictatorship, while the Armed Forces must "recognize its responsibility." - What is your assessment of 2007 at the judicial level, particularly in the area of \u200b\u200bhuman rights? I think it was a historic year for nothing more or less ended with the dictator Gregorio Alvarez prisoner. In the courts, specifically in relation to this cause, for the first time is using the crime of "enforced disappearance", which is a substantial advance in the legal culture of our society. However, we have to remember is that these cases do not end with the prosecution of Alvarez. He finished the game and start another, for having been judicially determined that there is sufficient evidence clandestine shipments to end the year 78, the Executive would be required to investigate within their powers for what purpose were these people moved, where are the remains. What matters is not only to determine criminal liability, but knowing what happened, who was responsible, where and to return the remains. That is pending. - Do you think that the Executive should request new reports to the armed forces? "Yes. We understand that the executive branch, specifically the President, as supreme chief of the armed forces, has the right, and say more, has the duty to formally issue an order which requires its subordinate the armed forces that provide all the information you have. In a hypothesis that this order is not fulfilled to the satisfaction of the President, he can mobilize the disciplinary mechanisms for failure and may eventually send the records to the Justice to inquire whether the failure or refusal to provide information does not constitute a hypothesis about the crime. - Do you think that the armed forces should apologize for the crimes of the dictatorship? "I think the state as a state, should apologize. The State must assume its responsibility for violations of human rights, because it was the state that violated human rights. Regardless of who occupies the government, which is somewhat circumstantial, the State should apologize to its people, its society. And the armed forces, as directly involved in the process of the dictatorship, must specifically recognize its responsibility and apologize. - What role does the amnesty law in the maintenance of impunity? "The amnesty law is rooted in a political situation of the dictatorship and created the culture of impunity, and would say, created a culture of concealment, silence , by the way it was applied in Uruguay. But also because in itself waive prosecution of crimes against humanity. For this reason we believe that should be removed altogether from the Uruguayan legal system, as it implies under international law. Uruguayan society is able to make a qualitative leap in human rights and a model for future coexistence. If Uruguay seeks a model of peace, tolerance and respect for human rights in its comprehensive concept, an all interdependent and indivisible, in that passage to the overall culture of human rights, we must address the legacy of dictatorship. Resolve to build that future model and we have unfinished business here. - What are they unresolved? "One of them is moving in terms of Justice that, specified criminal liability, is given a clear message that" Never Again "these facts will be repeated. This is essential to remove the amnesty law Uruguayan legal system while advancing those causes that escaped the law. - Parliament should override the Limitation Act? "In a democratic constitutional state like the one we are living, the legislature has the right and duty to proceed to remove a law void, was born. If the legislature does not, will continue to pursue a mechanism of direct democracy to be declared invalid. But again, this is an issue that should be above partisan political positions. Must be a commitment of all Uruguayans by the type of culture we want for the future and how the Justice for crimes against humanity is a non-negotiable value that all parties understand Politicians should support the declaration of nullity of the amnesty law and the reparation of the victims of state terrorism. It is a commitment to the "State Terrorism Never Again" is realized in practice. - The collection of signatures for the annulment of the legislation is a way to pressure the executive? "We look on it as a way to mobilize the population by values. This arises and throws out all electoral political time. Born of civil society, social organizations and independent, and without any kind of structure is able to compile in two months just over 50 thousand votes. Signing people of all generations and all political beliefs because what is involved is not the issue a short-term policy option, but a foundation element values \u200b\u200bfor a future society and especially the new generations feel they have absolute legitimacy to review and resolve this issue . When told by the government: "We will respect the amnesty law and advance in Article 4, which is investigating" very little progress was made, but little progress was made it was discovered that the events described and qualify as crimes against humanity and against this one has the obligation to apply the law. When you know that there were clandestine shipments of large-scale disappearances, the Uruguayan government has obligation to say: "These were crimes against humanity, we have the duty to prosecute and whether there are obstacles we have to remove them." In a matter of dignity. "The Foreign Ministry files were very important for the processing of Gregorio Alvarez, how important can have the declassification of the archives of the Ministry of Defence in the deepening of other causes? -Mucha. In Chancery, the complainants, had direct access to documents. In other words, those assessing the relevance or irrelevance of a document were the complainants, who know the cause and they know the assumptions on which it is working. It is not the same as files or documents to read another person. Is not the same eyes of the lawyer who is sponsoring a case seeking documents, the eyes of another person who may be looking for with the utmost good faith, documents related to a theme but may be able to ignore elements that are relevant to the attorney. That's how we got into Chancery documentation that at first glance may not be relevant but it was very important for the cause. Such documentation does not mention the names of the missing, but if there is a coded telex saying: "If required please Uruguayan transfer to the Republic." It is a document of paramount importance. Thanks to have direct access to the documentation of Chancery was to be obtained relevant elements of that portfolio. Not so in connection with the Ministry of Defence, in which the complainants did not have, nor have direct access to documentation. So I think it has quickly approved a Law on Archives, where all the documentation related to the terrorist state is collected beyond the orbit of the EP. A stand-alone file which participate in the collective management of victims and is freely accessible to the people. - Will ask to participate in the declassification of the archives of the Ministry of Defence? "Our view on the need to approve the Archives Act. Of course, the complainants would like to participate directly in the review documents. These should be retained, should be classified, but must also be left open to the public, not just lawyers, but people. But society can not rebuild its past, can not generate memory, you can not access the truth and can be very important inputs for Justice are still not knowing. Outlook 2008 What are the causes that charge more force in 2008 from the documentation that comes? "In connection with the case of illegal shipments of 78 is going to continue to provide new elements and probably new lawsuits pending testimonios.Quedan , also involving illegal transfers, such as research on so-called "Second Flight" which is being investigated in the case of the disappearance of Adalberto Soba. On the subject understand that in the coming months there should be statements by the prosecutor and by the Court. - Can be further investigated or prosecuted? "Specifically in relation to the cause sponsorship of the 78 shipments, which were processed Larcebeau Alvarez and I am convinced that it will continue the investigation and prosecution can establish new . - How do you assess that the military have publicly come out in defense of his actions and criticized those who work in organizations of human rights? "What happens is they do not understand that we are living in a State Uruguay democratic law, not the state of the dictatorship we had the misfortune to live. Do not realize that sooner or later the law will end application. - Do you think that many live in a bubble of impunity "?" Absolutely. I am convinced that there is an entrenched culture of impunity in terms of the amnesty law, but based on what has been also the attitude of our society and governments from 1985 to 2005 in relation to these issues. It opted for twenty years to a culture of silence, of concealment and deceit, "nothing happened here." When the truth began to be known historical society has the legitimate right to make a definitive attitude regarding these issues. I am convinced that this culture of impunity will end because the Uruguayan society banishing gave a strong message and moral, what is happening in the legal and needs to consolidate its rule of law. Must be full, can not be lame. We can not continue living or think that we live always under threat "." No more "Cuckoo," no more "cuckoo." Who committed a crime have to go to jail. - Strengthen the Uruguayan society at the polls? "In relation to the invalidity of the amnesty law was decreed would be healthy this void with the unanimity of all political parties and Parliament, which is the area where they settled laws, but if does not happen I am convinced that the public will support a comprehensive human rights culture because it is the way to build future. Youth will support. Do not want to live in chains to political situations of the dictatorship. This is a way of building citizenship to the future because if you keep a law which gave to judge crimes against humanity, remains the moral unworthiness of the social collective. If the cases are not judged the reports of the companies, which are fragile, they forget what happened and with other stakeholders the facts may be repeated. We must move towards the overall culture of human rights and should be higher than they are political parties or above which are political differences. This is something we have to unite all Uruguayans and that's what we found in the latter years of campaigning by human rights people. We need to believe that it is possible to build a different society. "EXCAVATIONS SHOULD CONTINUE" We do not agree that the excavations have been suspended. First, because there are places that still could not be addressed and on the other hand, who defines when a source is reliable or not? Any track has to be investigated and if there is to dig, archaeologists will determine where you have to do, said Lopez Goldaracena. I would emphasize the commendable efforts made by López Mazz and his team. But you have to keep in mind is that this work is done on the basis of information available and if so far not had the success that can be felt by the information that is offered. All information, all data should be investigated. So we believe that excavations must continue and should be addressed specifically the basement of La Tablada, said the lawyer. "BE JUDGED" The arrest of former navy Jorge Troccoli was under the requisition of Judge Luis Charles. I am sure that without this indictment would not have occurred in detention. He went to Italy and no one stopped. Just shut it down when Judge Charles issued an arrest warrant. At that time it appears that an indictment would result in a European country Goldaracena Lopez recalled. We hope that Tróccoli trial. Can be tried in Italy or in Uruguay. This applies a principle of international law of human rights in the enforcement and prosecution of crimes against humanity, war crimes or genocide, which is to "prosecute or extradite." States have powers in these cases and are required to take action when a person responsible for these crimes is in its territory, said human rights lawyer. Troccoli was arrested in Italy, should be tried. If it is tried in Italy, should be extradited to Uruguay. Why fled to Italy? We should ask him, agregó.AVANCES IN DDHHHubo a significant progress in human rights in Uruguay, and will soon have to become an element of national cultural identity, said Lopez Goldaracena. The element that distinguishes the Uruguayan society is an element of commitment and implementation of a Comprehensive Human Rights as a great challenge to build the future society. As a utopia that is possible to achieve. One of the major issues that I left in 2007, specifically with the processing of Alvarez, is that many people could seem incredible that the dictator ended in jail. That day the thought that one was on the street was that sometimes the impossible can make possible.
Friday, January 25, 2008 
Dr. Oscar Lopez 
Daniel Viglietti 
