unreasonably prolonged. The Committee was therefore
of the view that there were no further domestic remedies
which had to be exhausted before the communication
was declared admissible.
4.2 With regard to article 5 (2) (a), the author's
assertion that the same matter had not been submitted
to any other procedure of international investigation or
settlement had not been contested by the State party.
5. On July 1981, the Human Rights Committee
therefore decided:
(fl) That the communication was admissible;
(Ô) That, in accordance with article 4 (2) of the Op
tional Protocol, the State party be requested to submit
to the Committee, whhin six months of the date of the
transmittal to h of its decision, written explanations or
statements clarifying the matter and the remedy, if any,
that may have been taken by it; the State party is re
quested, in this connection, to enclose copies of any
court orders or decisions of relevance to the matter
under consideration;
(d) That having regard to the concern expressed in
Ana Maria Teti Izquierdo's letter of 8 June 1981, the
State party be requested again to inform the Committee
of Mario Teti's state of heahh and to ensure that he was
given suitable medical treatment.
6. The time-hmit for the State party's submission
under article 4 (2) of the Optional Protocol expired on
19 February 1982. No submission has been received
from the State party, in addition to those received by the
Committee prior to the decision on the admissibihty of
the communication.
7.1 The Human Rights Committee has considered
the present communication in the light of all informa
tion made avaüable to it by the parties, as provided in
article 5 (1) of the Optional Protocol. The Committee
bases hs views on the foUowing facts which are not in
dispute or which are unrepudiated or uncontested by the
State party except for denials of a general character of
fering no particular information or explanation:
Events prior to the entry into force of the Covenant
7.2 First case. Mario Alberto Teti Izquierdo was
arrested on 7 December 1970. On 11 December 1970 he
was committed for trial by the first examining
magistrate on charges of "conspiracy to commit an of
fence", "attempts to overthrow the Constitution" and
"being in possession of explosives". On 3 May he was
provisionaUy released.
7.3 Second case. On 24 May 1972 Mario Alberto
Teti Izquierdo was rearrested for aUeged involvement in
subversive activities. He was kept incommunicado for
two months and subjected to Ul-treatment. On 15
September 1972 he was again committed for trial by the
third military examining magistrate on charges involv
ing a series of offences, namely "attempts to overthrow
the Constitution amounting to conspiracy followed by
preparatory acts", "conspiracy to commit an offence"
and "use of a fraudulent pubhc document". From 1972
to 1976 Mario Alberto Teti Izquierdo had access to
three defence lawyers of his choice. Dr. Wilmar OUvera
in 1972, Dr. Alba Deh'Acqua from January 1973 to
December 1975 and Dr. Mario Deh'Acqua from
January 1976 to October 1976. All these lawyers left
Uruguay, allegedly because of harassment by the
authorities.
Events subsequent to the entry into force of the Coven
ant
1.4 Concerning the second case. The mihtary court
of the first instance sentenced him to nine years'
rigorous imprisonment less the time spent in preventive
detention. On 12 May 1976 the case came up on appeal
before the Supreme Court of Mihtary Justice. In Oc
tober 1976 Mario Alberto Teti Izquierdo was assigned a
court-appointed military defence councel. Dr. Juan
Barbé. On 3 November 1977 Mario Alberto Teti Iz
quierdo was sentenced to 10 years' rigorous imprison
ment less the time spent in preventive detention. It
would appear that he would have served the whole of his
sentence in May 1982.
7.5 Concerning the first case. On 21 Aprh 1980 he
was sentenced at first instance to eight years' rigorous
imprisonment and to two to four years' precautionary
measures. On 30 June 1980 this case came up on appeal
before the Supreme Court of Military Justice.
7.6 In June 1980 Mario Alberto Teti Izquierdo was
forced to sign a statement in connection with new
charges which were brought against him.
7.7 Since October 1976 he has been unable to have
the assistance of counsel of his own choice.
7.8 After a vish of the International Red Cross to
Libertad prison in February/March 1980, Mario
Alberto Teti Izquierdo was subjected to physical attacks
and threats of death. In August 1980 he was moved to a
punishment cell and held in solitary confinement. He
was then in a very poor physical and psychological state
of heahh.
7.9 On 26 September 1980 he was moved to another
detention estabhshment for interrogation in connection
with his alleged involvement, together with other de
tainees, in operations aimed at reactivating a subversive
organization (the "Tupamaros" movement) from
within the Libertad prison. In this connection Mario
Alberto Teti Izquierdo faces new charges. His family
was unable to obtain information about his
whereabouts unth May 1981, when he was brought back
to Libertad. From September 1980 to May 1981 he was
held incommunicado. When Mario Alberto Teti Iz
quierdo was transferred from Libertad he weighed 80
kilograms, and after his return only 60 kilograms.
8. As regards the allegations of ill-treatment made
by the author, the State party has adduced no evidence
that these allegations have been investigated.
9. The Human Rights Committee, acting under ar
ticle 5 (4) of the Optional Protocol to the International
Covenant on Civil and Pohtical Rights, is of the view
that the facts as found by the Committee, in so far as
they continued or occurred after 23 March 1976 (the
135
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