(2) That the authors should be requested to clarify
without delay, and not later than six weeks from the
date of the transmittal of the present decision to them,
which of the events previously described by them were
alleged to have occurred on or after 23 March 1976 (the
date on which the International Covenant on Civil and
Political Rights entered into force for Uruguay) and to
provide the Committee with detailed information (in
cluding relevant dates) as to their present knowledge
about their father's treatment and situation after 23
March 1976;
(i.e. after undue delay), that he was tried by a military
and not by a civihan court, that the judge was not com
petent, independent or impartial, that the accused was
not promptly informed of the charges against him, that
he was not allowed to defend himself in person, that
there was no pubhc hearing, and that the witnesses on
his behalf were not allowed to be examined under the
same conditions as the witnesses against him. The
authors also allege procedural irregularities in the trial,
including the sentencing of Alberto Altesor to eight
years' imprisonment, ahhough the prosecution had
ahegedly asked only for a sentence of six years.
Although more than five years have elapsed since his ar
rest (at the time of writing in January 1981), his case is
supposedly still in a court of second instance.
9.4 With regard to Alberto Altesor's state of health,
the authors allege that he has been a patient at the
Military Hospital since 29 December 1980; before that,
at the Libertad prison, he had been found to be suffer
ing from chest pains, fainting and loss of weight.
(4) That, in accordance with article 4 (2) of the Op
tional Protocol, the State party be requested to submit
to the Committee within six months of the date of the
transmittal to it of any submission received from the
authors of the communication pursuant to operative
paragraph 2 above, written explanations and statements
clarifying the matter and the remedy, if any, that may
have been taken by it;
(5) That the State party be informed that the written
explanations or statements submitted by it under article
4 (2) of the Optional Protocol must relate primarily to
the substance of the matter under consideration. The
Committee stressed that, in order to perform its respon
sibilities, it required specific and detailed responses to
each and every aUegation made by the authors of the
communication, and the State party's explanations of
the actions taken by it. The State party was requested, in
this connection, to enclose copies of any court orders or
decisions of relevance to the matter under considera
tion;
10.1 In its submission under article 4 (2) of the Op
tional Protocol, dated 21 August 1981, the State party
rejects the authors' assertion in their submission of 28
January 1981 that article 14 of the Covenant was
violated because Alberto Altesor was tried by a military
and not by a civilian tribunal, referring to the
Uruguayan law No. 14068 (State Security Act), which
establishes the jurisdiction of military courts over of
fences against the State, including the offences of
"subversive association" and "action to overthrow the
Constitution" of which Mr. Altesor was accused. The
State party further asserts that due procedural
guarantees were observed during the trial, and that
Alberto Altesor had court-appointed counsel.
10.2 With regard to the authors' assertion that the
case is still pending in a court of second instance, the
State party explains that this is incorrect and that the
court of second instance confirmed the judgement of
the court of first instance on 18 March 1980.
10.3 The State party also rejects the assertion that
Alberto Altesor is being subjected to persecution
because of his political ideas.
10.4 With regard to Alberto Altesor's state of
health, the State party indicates that he underwent
medical examination on 20 March 1981, without,
however, specifying the result of the examination. The
State party adds that it has communicated to the
authors via the Uruguayan Embassy in Mexico that the
Government of Uruguay is prepared to carry out any
further medical examinations and treatment as may be
required by Alberto Ahesor's state of health.
(7) That, further to the requests set out in operative
paragraphs 4 and 5 above, the State party be requested
to furnish the Committee, as soon as possible, with in
formation concerning the present state of heahh of
Alberto Altesor, considering that the latest information
from the State party on this point was dated 5 October
1979.
9.1 On 28 January 1981 the authors submitted fur
ther information and clarifications pursuant to
paragraph 2 of the Committee's decision of 29 October
1980.
9.2 With regard to acts which allegedly occurred or
continued or had effects which themselves constituted a
violation of the Covenant after 23 March 1976, the
authors maintain that ah the aheged violations of the In
ternational Covenant on Civil and Political Rights oc
curred or continued to make their effects felt after that
date. In particular the authors indicate that their father
was kept in solitary confinement without being brought
before a judge for 16 months, 11 of which were after the
date on which the Covenant entered into force for
Uruguay.
11.1 In a further letter dated 6 October 1981 the
authors refer to the State party's submission under ar
ticle 4 (2), and claim that it does not answer their
specific complaints of violations of guarantees em
bodied in the Covenant. The fact that their father was
brought before the military courts because of the terms
of a particular Uruguayan law cannot alter the essence
of the matter: "that the procedure applied in this way is
lacking in internationally estabhshed guarantees".
9.3 The authors further allege that violations of the
Covenant occurred not only after its entry into force,
but also after this communication was filed with the
Committee, including specific violations of article 14,
inter alia, that Alberto Altesor was not tried until 1977
107
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents