other one. The author further submits that her step
father remains imprisoned and that in his double quahty
as former Deputy and as an accused tried for a political
offence, he has been deprived of all his political rights
by a Government decree.
Therefore decided:
(a) That the author of the communication was
justified by reason of close family connection in acting
on behalf of the other alleged victims;
(Ô) That the communication was inadmissible in so
far as it related to the alleged detention of the author of
the communication;
(c) That the communication was admissible in so far
as it related to alleged violations of the Covenant in
respect of the treatment of Luis Maria Bazzano Am
brosini, Martha Valentini de Massera and José Luis
Massera;
(d) That the attention of the State party be drawn to
the concern expressed by the author of the communica
tion for the health of Luis Maria Bazzano Ambrosini
and José Luis Massera and that the State party be re
quested to arrange for them to be medically examined
and given all necessary medication and treatment if this
had not already been done;
(e) That the text of this decision be transmitted to the
State party, together with the text of the relevant
documents, and to the author;
CO 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 this decision, written explanations or
statements clarifying the matter in so far as the com
munications related to Luis Maria Bazzano Ambrosini,
Martha Valentini de Massera and José Luis Massera,
and the remedy, if any, that may have been taken by it.
The author claims that her mother, Martha Valentini
de Massera, was arrested on 28 January 1976 without
any formal charges and that in September 1976 she was
accused of "assistance to subversive association", an
offence which carries a penalty of two to eight years'
im.prisonment. She was not allowed to receive visits un
til November 1976, but had again been taken to an
unknown place at the time of the submission of the
communication in February 1977. In a subsequent letter
of 6 June 1979 the author states that her mother was
tried by a military court and sentenced to three and a
half years' imprisonment due to expire on 28 July 1979.
Having been subjected to ill-treatment during her deten
tion, her mother had furthermore suffered from the
inadequate diet and the prevailing state of unhealthy
working conditions, so that her health had been
weakened.
3. On 26 August 1977, the Human Rights Commit
tee decided to transmit the communication to the State
party, under rule 91 of the provisional rules of pro
cedure, requesting information and observations rele
vant to the question of admissibihty.
4. By letter dated 27 October 1977 the State party
objected to the admissibility of the communication on
three grounds:
(a) The same matter was already being examined by
the Inter-American Commission on Human Rights;
(b) None of the alleged victims had exhausted all
available domestic remedies;
(c) In so far as the author of the communication was
concerned, the alleged violations are said to have taken
place prior to 23 March 1976, the date on which the In
ternational Covenant on Civil and Political Rights and
the Optional Protocol entered into force for Uruguay,
and that they have not continued or had effects which
themselves constitute a violation after that date.
6. After expiry of the six-month time-limit, the
State party submitted its explanations, dated 16
November 1978, which consisted of a "Review of the
rights of the accused in cases before a military criminal
tribunal, and domestic remedies available to him for
protecting and safeguarding his rights in the national
courts of justice".
7. On 18 April 1979, the Committee decided that the
submission of the State party dated 16 November 1978
was not sufficient to comply with the requirements of
article 4 (2) of the Optional Protocol, since it contained
no explanations on the merits of the case under con
sideration and requested the State party to supplement
its submission by providing, not later than six weeks
from the date of the transmittal of this decision to the
State party, observations concerning the substance of
the matter under consideration.
5. On 1 February 1978, the Human Rights Commit
tee,
(а) Having ascertained that cases concerning the
alleged victims, which had been before the InterAmerican Commission on Human Rights, had been
withdrawn and were no longer under active considera
tion by that body,
(б) Being unable to conclude that, with regard to ex
haustion of domestic remedies, on the basis of the infor
mation before it, there were any further remedies which
the alleged victims should or could have pursued,
(c) Accepting the contention of the State party that in
so far as the communication related to the alleged deten
tion of the author, the Committee could not consider it
since it concerned events which allegedly took place
prior to the entry into force of the Covenant and the
Optional Protocol in respect of Uruguay,
8. The six-week extension granted by the decision of
18 April 1979 expired on 2 July 1979, but no response
had reached the Division of Human Rights at the United
Nations Office at Geneva by then, nor even by the time
of the taking of this decision by the Committee.
9. The Human Rights Committee,
(a) Considering that this communication was
registered over two years ago,
(b) Considering that this communication was
declared admissible more than one year ago and that the
six-month time period required by article 4 (2) of the
Optional Protocol expired in September 1978,
41
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