Domingo Arena: There is no democracy with political prisoners

Domingo Arena Prison (INR Unit No. 8) currently houses about 32 or 35 former soldiers, former police officers, and civilians convicted of alleged crimes against humanity committed during the civic-military period (1973-1985). 

Through the Prosecutor's Office for Crimes against Humanity headed by Ricardo Perciballe, dozens or perhaps hundreds of insurgents (mainly Tupamaros and communists) accused soldiers, police officers, and some civilians without evidence of alleged crimes committed between 1973 and 1985.

The alleged evidence against those who are in Domingo Arena Prison consists of testimonies from the alleged victims.

For example, an individual stated that in 1974 he was being held in a certain military unit, and that in that place he was mistreated by Ensign So-and-so or by Major Such-and-such.

Based on that, the Prosecutor's Office prepares an indictment against a soldier that is subsequently ratified by a judge.

Rigged witnesses

"Witnesses" are presented who are trained, who also join in to "identify" that a certain soldier mistreated a certain detainee in a barracks in a given year. 

These witnesses generally belonged to the terrorist gang Tupamaros, or to the Communist Party, which in the midst of democracy had an illegal armed apparatus.

From the criminal law point of view, the indictments and convictions handed down to those detained in Domingo Arena do not have any basis. 

The Expiry Law

In addition, Parliament passed the Expiry Law on the Punitive Claims of the State in 1986, a rule that prevents bringing before the courts alleged crimes committed during the civic-military period. 

The Expiry Law was twice [submitted to a vote] by the Electoral Body. The first time was on April 16, 1989, in a referendum in which the majority of Uruguayans voted in favor of maintaining the law. 

Subsequently, in October 2009, in the election that José Mujica would win, Uruguayans again voted in favor of maintaining the Expiry Law, which was submitted to a plebiscite on the last Sunday of October of that year. 

It is the only rule in Uruguay, and perhaps in the world, that was ratified twice by the people. 

Twice Uruguayans decided to maintain the law, to turn the page, and to look forward. 

However, the radical far left, especially the Communist Party, has violated the rule of law and has invented judicial proceedings tainted by nullity against soldiers, police officers, and some civilians. 

They twisted the laws and the rule of law out of a demonic spirit of revenge. 

The Prosecutor's Office headed by Perciballe has an evident spirit of revenge. It disregards the legal order and places ideology above the laws. 

It is worth recalling that Prosecutor Perciballe himself and several of the prosecutors who assist him have relatives who were insurgents in the 1970s. 

Ricardo Perciballe himself had an insurgent cousin, whom the current prosecutor used to visit at Libertad Prison in the 1970s. 

As long as there are political prisoners in a country, there will not be a full rule of law. In a democracy there can't be prisoners who were incarcerated with false testimony and "evidence" that doesn't respect due judicial process.