Article 14 (3) (a), because he was not promptly informed
of the charges against him;
Article 14 (3) (e), because he was denied the opportunity
to obtain the attendance and examination of
witnesses on his behalf.
Article 14 (3) (b), because he was unable either to choose
his own counsel or communicate with his appointed
counsel and was, therefore, unable to prepare his
defence;
21. The Committee, accordingly, is of the view that
the State party is under an obligation to take immediate
steps to ensure strict observance of the provisions of the
Covenant and to provide effective measures to the vic
tim, and in particular to extend to Raúl Sendic treat
ment laid down for detained persons in articles 7 and 10
of the Covenant and to give him a fresh trial with all the
procedural guarantees prescribed by article 14 of the
Covenant. The State party must also ensure that Raúl
Sendic receiyes promptly all necessary medical care.
Article 14 (3) (c), because he was not tried without un
due delay;
Article 14 (3) (d), because he was unable to attend the
trial at first instance;
FIFTEENTH SESSION
Communication No. 10/1977
Submitted by: Alice AUesor and Victor Hugo Altesor on March 1977
Alleged victim: Alberto Altesor (authors' father)
State party: Uruguay
Date of adoption of views: 29 March 1982 (fifteenth session)
Submission to lACHR—Withdrawal
of case from
lACHR by authors—Resubmission by third party
—Exhaustion of domestic remedies—Events prior to
entry into force of Covenant and Optional
Protocol—Interim
measures—Detention
incom
municado—Habeas
corpus—Ill-treatment—Pro
cedural delay—Fair trial—Defence witnesses—Medi
cal care in prison—Copies of court orders and
decisions—Deprivation of political rights
electric shocks, forced to remain standing for a total of
more than 400 hours, and strung up for long periods,
although shortly before his arrest he had undergone a
heart operation which saved his hfe but at the same time
made it necessary for him to observe very strict rules
regarding work, diet and medication. On 14 December
1975 he was transferred to the Batallón de Artillería
No. 5, where he remained handcuffed, hooded and in
absolute sohtary confinement. He was later moved
to the Libertad prison. He was detained under the
"prompt security measures" and was not brought
before a judge until over 16 months after his arrest,
when he was ordered to be tried, ahegedly on no other
charge than that of his public and well-known trade
union and political mihtancy. He has been deprived of
his political rights under Acta Institucional No. 4 of
1 September 1976.
Articles of Covenant: 9 (3) and (4), 10 (1), 14 (1) and (3)
and 25
Article of Optional Protocol: 5 (2) (a) and (b).
Views under article 5 (4) of the Optional Protocol
1. The authors of the communication (inkial letter
dated 10 March 1977 and further letters dated 1 August
and 26 November 1977, 19 May 1978, 16 April 1979,
10 June 1980 and 28 January and 6 October 1981) are
Uruguayan nationals, residing in Mexico. They sub
mitted the communication on behalf of their father,
Alberto Altesor González, a 68-year-old Uruguayan
citizen, a former trade-union leader and member of the
Uruguayan Chamber of Deputies, alleging that he is ar
bitrarily detained in Uruguay.
1.3 The authors further contend that in practice in
ternal recourses in Uruguay are totally ineffective and
that the recourse of habeas corpus is denied by the
authorities to persons detained under the "prompt
security measures".
1.4 In a further submission, dated 1 August 1977,
the authors ahege that in view of their father's very poor
state of health, interim measures should be taken, in ac
cordance with rule 86 of the rules of procedure of the
Committee, in order to avoid irreparable damage to
their father's health and hfe. The authors claim that the
following provisions of the International Covenant on
Civil and Political Rights have been violated: articles
7 (1), 9 (3) and (4), 10 (2) (a) and (3), and 25 (a), (b)
and (c).
1.2 The authors of the communication state that
their father was arrested in Montevideo on 21 October
1975 without any formal charges brought against him.
Although the fact of his arrest and the place of his im
prisonment were not made public, the writers claim that
from information provided by eye-witnesses arrested at
the same time and subsequently released, it can be af
firmed that their father was first detained in a private
house and afterwards at the BataUón de Infantería
No. 3. There he was allegedly subjected to beatings and
2. By its decision of 26 August 1977, the Human
Rights Committee transmitted the communication
under rule 91 of the provisional rules to the State party
105
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