(iii) With respect to Martha Valentini de Massera,
Article 14 (1), (2) and (3), because she was tried in cir
cumstances in which she was denied the requisite
safeguards of fair trial;
and, 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 victims.
Article 9 (2), because she was not promptly informed of
the charges brought against her;
Article 10 (1), because for months she was held incom
municado and was denied visits by any family
member;
EIGHTH SESSION
Communication No. 9/1977
Submitted by: Edgardo Dante Santullo Valcada on 20 February 1977
Alleged victim: The author
State party: Uruguay
Date of adoption of views: 26 October 1979 (eighth session)
military judge before whom he maintained what he had
said previously. On 5 November 1976 he was again
brought before the military court, where he was in
formed that, in the absence of any reasonable grounds
for charging him with an offence, he could go free. The
writer adds that at no time, during the 50 days of his
detention, was he able to communicate with a defence
counsel and that the recourse of habeas corpus was not
applicable in his case because he was detained under the
"prompt security measures". Finally he claims that he
has not received any compensation for his imprison
ment and for the resulting economic hardship suffered
by his family.
Detention—Habeas
corpus—Ill-treatment—Effective
remedy—Burden of proof
Articles of Covenant: 2, 7, 9 (4) and (5)
Article of Optional Protocol: 5 (2) (b)
Views under article 5 (4) of the Optional Protocol'
1. The author of this communication dated 20
February 1977 is a Uruguayan national residing in Mex
ico. He submitted the communication on his own
behalf.
2. The author states that on 8 September 1976 he
was arrested in the streets of Montevideo by four police
officers dressed in civilian clothing and taken to the
headquarters of the Investigation and Intelligence
Department. There he learned that he was accused of
receiving the clandestine newspaper Carta. The author
described what ensued as follows: "On denying this,
1 was hooded and forced to remain standing in an un
natural position (feet one metre apart, body and head
very erect, arms stretched out and raised to shoulder
level, in my underwear and barefoot on a pile of grit);
this caused me intense muscular pain. If I was overcome
by fatigue and lowered my arms or head or put my legs a
little further together, I was beaten brutally. This treat
ment was accompanied by punches, kicks, insuhs and
threats of torturing my wife and two children (aged six
and eight)." He further alleges that he was not given
any food and that this situation lasted for three days.
The day after his arrest, on 9 September 1976, at 3 a.m.,
his house was thoroughly searched, allegedly without
his permission and without any warrant. On 16
September 1976 he was transferred to the Central Prison
where he remained imprisoned for a further 50 days in
complete solitary confinement in a cell measuring 1.2 by
2 metres. He was only allowed to leave his cell 15
minutes in the mornings and 15 minutes in the after
noons. On 23 October 1976, he was brought before a
3. On 25 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
the ground that the alleged victim had not exhausted all
available domestic remedies, and made the general
observation that every person in the national territory
has free access to the courts and public and ad
ministrative authorities and freedom to avail himself of
all the administrative and legal remedies available to
him under Uruguay's internal law.
5.
tee,
On 1 February 1978, the Human Rights Commit-
(a) Having ascertained that the case concerning the
alleged victim has not been submitted to any other inter
national body,
Ф) 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 victim should or could have pursued,
Therefore decided:
(a) That the communication was admissible;
' The text of an individual opinion submitted by a Committee
member is appended to these views.
43
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