Communication No. 57/1979
Submitted by: Sophie Vidal Martins on 13 August 1979
Alleged victim: The author
State party: Uruguay
Date of adoption of views: 23 March 1982 (fifteenth session)
Journalist—Freedom of movement—Right
to leave
any country—Renewal of passport—Jurisdiction of
State party—Competence of Committee
Articles of Covenant: 2 (1) and 12 (2)
Articles of Optional Protocol: 1
Views under article 5 (4) of the Optional Protocol
1. The author of this communication (initial letter
dated 13 August 1979 and a further letter dated 7 March
1981) is Sophie Vidal Martins, a Uruguayan national
residing in Mexico. She works as a journalist and sub
mits the communication on her own behalf.
employment by the Uruguayan weekly Marcha, which,
together with 30 other newspapers, was prohibited by
the authorities and whose director was living as a
political refugee in Mexico. She claims that this con
stitutes a violation of articles 12 (2) and 19 of the Inter
national Covenant on Civil and Political Rights. The
author adds that, according to her knowledge, she was
never charged with any offence, either in Uruguay or
abroad, and that she has never belonged to any political
party.
2.3 The author does not mention whether she has
had recourse to any further domestic remedy.
3.1 By its decision of 10 October 1979 the Working
Group of the Human Rights Committee transmitted the
communication under rule 91 of the provisional rules of
procedure to the State party concerned requesting infor
mation and observations relevant to the question of admissibUity. No such reply was received from the State
party to this request.
2.1 She states that she holds a Uruguyan passport
which was issued by the Uruguyan consulate in
Stockholm (Sweden) in 1971 with a 10 years' vahdity
upon condition that its validity would be confirmed
after five years, i.e. on 28 January 1976. The author
alleges that, living in France at that time, she apphed to
the Uruguayan consulate in Paris in June 1975 for
renewal of her passport {renovación). She claims that
Uruguayan citizens living abroad could obtain a
passport without any difficuhies until August 1974,
when a Government decree came into force which pro
vided that the issuance of a passport was subject to the
approval of the Ministry of Defence and the Ministry of
the Interior. She further states that, not having received
any reply to her first apphcation for renewal of her
passport which she had submitted in Paris in June 1975,
upon her arrival in Mexico in October 1975 as cor
respondent of the French periodical Témoignage chré
tien, she submitted an application to the Uruguayan
consulate in Mexico on 16 November 1975. One month
later she was informed orally that the consul had re
ceived a communication requesting him to "wait for in
structions". He sent two cables in order to obtain these
instructions in January and March 1977, but without
resuh. In October 1978 the author apphed to the
Uruguayan consulate in Mexico for a new passport.
Two months later she was informed orally that the
Uruguayan Ministry of the Interior had refused to give
its approval. She appealed against this decision on 13
December 1978 to the Minister of the Interior through
the Uruguayan Embassy in Mexico. The Ambassador
offered her a document which would have entitled her
to travel to Uruguay but not to leave the country again.
She did not accept this for reasons of personal security.
On 28 February 1979 she received an official note from
the Uruguayan Foreign Ministry refusing, without giv
ing any reasons, to issue her a passport.
3.2 The Human Rights Committee ascertained that
the same matter had not been submitted to the InterAmerican Commission on Human Rights.
3.3 Consequently the Commhtee found, on the
basis of the information before it, that it was not
precluded by article 5 (2) {a) of the Optional Protocol
from considering the communication. The Committee
was also unable to conclude that, in the circumstances
of the case, there was any effective domestic remedy
avaüable to the aheged victim which she had fahed to
exhaust. Accordingly, the Commhtee found that the
communication was not inadmissible under article 5 (2)
{b) of the Optional Protocol.
3.4 On 2 Aprh 1980, the Human Rights Committee
therefore decided:
{a) That the communication was admissible;
{b) That, in accordance whh article 4 (2) of the Pro
tocol, the State party should be requested to submh to
the Committee, within six months of the date of the
transmittal to it of this decision, written explanations or
statements clarifying the matter and the remedy, if any,
that may have been taken by it;
(c) That the State party be informed that the written
explanations or statements submitted by it under article
4 (2) of the Protocol must primarily relate to the
substance of the matter under consideration, and in par
ticular the specific violations of the Covenant alleged to
have occurred.
4. On 29 October 1980 the time-hmit for the obser
vations requested from the State party under article
4 (2) of the Optional Protocol expired. However, no
submission has yet been received from the State party.
2.2 The author considers the Uruguayan auth
orities' refusal to issue a passport to her was a "punitive
measure" taken against her because of her former
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