Uruguay Senate Invalidates Amnesty Law

April 13, 2011

Uruguay’s Senate voted yesterday to annul the Ley de Caducidad, or Expiry Law, which since 1986 had granted military officers immunity from prosecution for crimes against humanity committed during the country’s military dictatorship from 1973 to 1985.  The vote effectively overrules two prior national referendums in 1989 and 2009, which had upheld the Expiry Law, and opens the door to the possible prosecution of former military officials. The measure keeps intact amnesty for crimes committed during the same period by left-wing militants.

The vote fulfills a major demand of the left-wing members of the Frente Amplio (FA) governing coalition and complies with a 2009 Uruguayan Supreme Court ruling that found the Expiry Law unconstitutional.  The measure faced opposition from right wing political party leaders, retired military officials, and even some members of FA like retired Colonel Jose Carlos Araujo, who says repealing the law despite two referendums shows a lack of “respect [for] the decisions of the people.” 

In 2003, an independent peace commission found that 175 political opponents were killed during the 12-year dictatorship, including 26 in clandestine torture centers. Only about a dozen officials have been prosecuted for those killings.  The repeal passed by a 16-15 vote after a 12-hour debate. It is backed by President José Mujica and will now move to the Uruguay’s lower house for amendments and a vote, which could come as soon as May 20.