The Supreme Court of Uruguay, in its ruling of February 22, 2013, was unequivocal, stating that it is not legally possible to declare the retroactivity of criminal law. The Court emphasized that norms derived from international conventions cannot be used to destroy the essential principles of a state of law, one of which is the irretroactivity of criminal law, regardless of its nature. This ruling has enormous significance for all Uruguayans.
The Court's decision was a response to attempts by the legislative branch to repeal the so-called "Law of Expiry," which had been twice supported by the Uruguayan people in referendums. This law protected the principles of a state of law, such as legal certainty and the non-retroactivity of criminal law.
The Court also noted that the State has an obligation to combat impunity, as it fosters the chronic repetition of human rights violations and the total defenselessness of victims and their families. The Court reminded that judicial processes play a significant role in the reparation of victims, who transition from being passive subjects of public power to individuals who claim rights and participate in judicial or administrative proceedings.
