date on which the Covenant and the Optional Protocol
entered into force for Uruguay) disclose the fohowing
violations of the International Covenant on Civil and
Political Rights in respect of:
Articles 7 and 10 (1), because of the ül-treatment to
which Mario Alberto Teti Izquierdo has been sub
jected;
Articles 9 (3) and 14 (3) (c), because his right to trial
within a reasonable time has not been respected;
Article 14 (3) (b) and (c), because he was unable to have
the assistance of counsel of his own choice and
because the conditions of his detention, from
September 1980 to May 1981, effectively barred him
from access to any legal assistance;
Article 14 (3) (g), because he was forced to sign a state
ment in connection with charges made against him.
10. 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 remedies to the vic
tim and, in particular, in view of the fact that Mario
Alberto Teti Izquierdo is facing new charges, to give
him ah the procedural guarantees prescribed by article
14 of the Covenant. The State party should also ensure
that Mario Alberto Teti Izquierdo receives promptly all
necessary medical care.
SIXTEENTH SESSION
Communication No. 25/1978
Submitted by: Carmen Améndola Massiotti on 25 January 1978, later joined
by Graciela Baritussio
Alleged victims: The authors
State party: Uruguay
Date of adoption of views: 26 July 1982 (sixteenth session)
yard and the prisoners were kept indoors under ar
tificial hght ah day.
1.3 On 1 August the author was transferred to
Punta de Rieles prison. There she was kept in a hut
measuring 5 m by 10 m. The place was overcrowded
with 100 prisoners and the sanitary conditions were in
sufficient (one wash-basin and four toilets). The
prisoners were constantly subjected to interrogations,
harassment and severe punishment. The officers in
charge of S2—mhkary intelligence inside the
prison—Major Victorino Vázquez and Lieutenant
Echeverría, themselves carried out the interrogations
and also supervised torture. She also mentions that the
prisoners were compelled to do hard labour which in
volved making roads inside the prison, putting up new
prison buildings, mixing concrete, carrying heavy
building materials, as well as gardening, cleaning and
cooking for the detainees and the guards, i.e. a total of
800 persons, the last task being assigned to 10 women
prisoners. The author points out that work was com
pulsory even for women who were ill or had physical in
firmities. She adds that food was very poor (giving
details).
Standing of author—Jurisdiction of State party—
Admissibility
ratione temporis—Prison
condi
tions—Detention after serving sentence—Lack of
effective remedy
Articles of Covenant: 2 (3), 7, 9 (1) and (4) and 10 (1)
Views under article 5 (4) of the Optional Protocol
1.1 The initial author of the communication.
Carmen Améndola Massiotti (inkial letter dated 25
January 1978) is a 32-year-old Uruguayan national
residing in the Netherlands.
1.2 The author alleges that she herself was arrested
in Montevideo on 8 March 1975, that she was kept in
communicado until 12 September of that year and sub
jected to severe torture (giving detailed description) in
order to make her confess membership in political
organizations which had been declared illegal by the
military régime. She states that on 17 April 1975 she was
brought before a military judge and that her family was
only informed the fohowing day about her detention
which had been denied by the müitary authorities. On
12 September she was again brought before a military
judge and tried for "assistance to ihegal association"
and "contempt for the armed forces". Until 1 August
1977 she served her sentence at the women's prison "Ex
Escuela Naval Dr. Carlos Nery" which she describes as
an old building where pieces of concrete kept falling off
the ceiling and on the prisoners. During the rainy period
the water was 5 to 10 cm deep on the floor of the cells.
In three of the cehs, each measuring 4 m by 5 m,
35 prisoners were kept. The prison had no open court
1.4 The author further claims that, despite having
served her sentence on 9 November 1977, she was kept
in detention until 12 December 1977, when the choice
was offered to her of either remaining in detention or of
leaving the country. She opted for the latter and ob
tained pohtical asylum in the Netherlands.
1.5 She alleges in this connection that in the Paso de
los Toros prison there were 17 women whose release had
been signed by the mihtary courts, but who continued to
136
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