6. On 26 January 1978, the Human Rights Com
mittee
(G) Decided that case No. 1968 submitted to the
Inter-American Commission on Human Rights on 26
July 1975, could not relate to events alleged to have
taken place on or after 23 March 1976, the date on
which the Covenant and the Optional Protocol entered
into force for Uruguay and, therefore, did not preclude
the Committee, under article 5 (2) {a) of the Optional
Protocol, from consideration of the communication
submitted to it on 16 February 1977;
(6) Requested clarification from the author of the
communication about the other case allegedly concern
ing him before the Inter-American Commission on
Human Rights (case No. 2109, October 1976); and
(c) Informed the State party that "unless the State
party gives details of the remedies which it submits have
been available to the author in the circumstances of his
case, together with evidence that there would be a
reasonable prospect that such remedies would be effec
tive", the communication wih "not be considered inad
missible in so far as exhaustion of domestic remedies is
concerned".
party may submit under article 4 (2) of the Optional
Protocol";
(b) That article 5 (2) {b) of the Protocol did not
preclude the Committee from considering a com
munication received under the Protocol, where the
allegations themselves raised issues concerning the
availability or effectiveness of domestic remedies and
the State party, when expressly requested to do so by the
Committee, did not provide details on the availability
and effectiveness of domestic remedies in the particular
case under consideration.
The Committee, therefore, decided:
(a) That the communication was admissible;
(b) That the text of this decision be transmitted to the
State party and to the author;
(c) That in accordance with article 4 of the Protocol,
the State party be requested to submit to the Commit
tee, 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;
id) That any explanations or statements received
from the State party be communicated to the author
under rule 93 (3) of the provisional rules of procedure
of the Committee.
7. In response, the author informed the Committee
that the only possible reference to him in case No. 2109
before the Inter-American Commission on Human
Rights is a two-line statement in a list of several hundred
persons allegedly arbitrarily arrested. The State party
furnished a general description of the rights available to
accused persons before the military criminal tribunals
and the domestic remedies designed to protect and
safeguard the right of the accused under the Uruguayan
judicial system. It also quoted article 17 of the
Uruguayan Constitution concerning the remedy of
habeas corpus. However, the State party did not specify
which remedies have been available to the author in the
particular circumstances of his case.
10. Having received no submissions from the State
party under article 4 (2) of the Optional Protocol, the
Human Rights Committee decided on 18 April 1979:
1. That the State party be reminded that the sixmonth time-limit for the submission of its explana
tion or statements under article 4 (2) of the Optional
Protocol expired on 28 March 1979;
2. That the State party be requested to fulfil its
obligations under article 4 (2) of the Optional Pro
tocol without further delay and that its submission
should reach the Committee in care of the Division of
Human Rights, United Nations Office at Geneva, not
later than six weeks from the date of the transmittal
of this decision to the State party, to afford adequate
time for the author of the communication to submit,
before the next session of the Committee, additional
information or observations, as provided in rule
93 (3) of the provisional rules of procedure of the
Committee;
3. That the State party be informed that the writ
ten explanations or statements submitted by it under
article 4 (2) of the Optional Protocol must primarily
relate to the substance of the matter under considera
tion, and in particular the specific violations aheged
to have occurred and included copies of any court
orders or decisions of relevance to the matter under
consideration.
8. Commenting on the information concerning
domestic remedies submitted by the State party, the
author contended that the remedies listed by the State
party were not applicable in his case, because he was not
put to trial, and that he was barred from recourse to
habeas corpus, as the authorities do not recognize the
right to habeas corpus for those who are detained under
the régime of "security measures".
9. In a decision adopted on 25 July 1978, the
Human Rights Committee concluded:
(a) That the two-line reference to MiUán Sequeira in
case No. 2109 before the Inter-American Commission
on Human Rights—which case hsts in a similar manner
the names of hundreds of other persons allegedly de
tained in Uruguay—did not constitute the same matter
as that described in detail by the author in his com
munication to the Human Rights Committee. Accord
ingly, the communication was not inadmissible under
article 5 (2) (a) of the Optional Protocol. In arriving at
this conclusion the Committee, however, indicated that
it might be subject to review "in the light of further
explanations relevant to this question which the State
11. The six-week time-limit referred to in the Com
mittee's decision expired over one year ago, on 2 July
1979. By notes dated 23 November 1979 and 13
February 1980, the State party requested the Committee
to accord a reasonable extension of time for the submis
sion of its explanations or statements under article 4 (2)
of the Optional Protocol. The only submission received
53
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