to date from the State party consists of a brief note,
dated 10 July 1980, in which the State party requests the
Committee to review its decision of 25 July 1978, by
which the communication was declared admissible,
arguing that although the reference to Millán Sequeira
in case No. 2109 before the Inter-American Commission
on Human Rights is only very brief, the mere fact that
the issue was brought before the Inter-American Com
mission on Human Rights precluded the Human Rights
Committee from considering the matter, in accordance
with article 5 (2) (a) of the Optional Protocol. The Com
mittee can see no justification for reviewing its decision
on admissibility on this basis, for the reasons already set
out in paragraph 9 (o) above.
assistance and was not afforded an opportunity to
challenge his arrest and detention.
13. The Human Rights Committee has been in
formed by the Government of Uruguay in another case
(No. 9/1977), that the remedy of habeas corpus is not
apphcable to persons arrested under the "prompt
security measures".
14. The Human Rights Committee has considered
whether acts, which are prima facie not in conformity
with the Covenant, could for any reasons be justified
under the Covenant in the circumstances. The Covenant
(art. 4) does not allow national measures derogating
from any of its provisions except in strictly defined cir
cumstances, and the Government has not made any sub
missions of fact or law to justify such derogation.
12. The Human Rights Committee,
(a) Considering that this communication was re
ceived over three years ago,
Ф) Considering that this communication was
declared admissible two years ago and that the sixmonth time-period established by article 4 (2) of the
Optional Protocol expired on 28 March 1979,
(c) Considering that the State party has not comphed
with the requirements of article 4 (2) of the Optional
Protocol,
(d) Considering that there has been no response on
the merits of the case from the State party even after
further extensions of time,
(e) Considering that the Committee has the obliga
tion, under article 5 (1) of the Optional Protocol, to
consider this communication in the light of all written
information made available to it by the author and the
State party.
Hereby decides to base its views on the following facts,
which have not been contradicted by the State party:
Miguel Angel Millán Sequeira, 20 years old at the
time of the submission of the communication in 1977,
was arrested in April and released in May 1975. He was
rearrested on 18 September 1975 and detained until he
escaped from custody on 4 June 1976. On both oc
casions he was told that the reason for his arrest was
that he was suspected of being "a militant communist".
Although brought before a military judge on three oc
casions, no steps were taken to commit him for trial or
to order his release. He did not have access to legal
15. As to the allegations of iU-treatment and tor
ture, the Committee notes that they relate to events said
to have occurred prior to 23 March 1976 (the entry into
force of the Covenant and the Optional Protocol for
Uruguay).
16. The Human Rights Committee, acting under ar
ticle 5 (4) of the Optional Protocol to the International
Covenant on Civil and Political Rights is of the view
that these facts, in so far as they have occurred on or
after 23 March 1976 (the date on which the Covenant
entered into force in respect of Uruguay) or continued
or had effects which themselves constitute a violation
after that date, disclose violations of the Covenant, in
particular of:
Article 9 (3), because Mr. Millán Sequeira was not
brought to trial within a reasonable time;
Article 9 (4), because recourse to habeas corpus was not
available to him;
Article 14 (1) and (3), because he had no access to legal
assistance, was not brought to trial without undue
delay, and was not afforded other guarantees of due
process of law.
17. The Committee, accordingly, is of the view that
the State party is under an obligation to provide effec
tive remedies to Millán Sequeira, including compensa
tion, for the violations which he has suffered and to
take steps to ensure that similar violations do not occur
in the future.
Communication No. 11/1977
Submitted by: Alberto Grille Motta on 25 April 1977
Alleged victims: The author and other persons
State party: Uruguay
Date of adoption of views: 29 July 1980 (tenth session)
pus—Torture—Freedom of expression—State party's
duty to investigate—Burden of proof—Derogation
from Covenant
Standing of author to act on behalf of alleged vic
tims—Submission to lACHR—Same
matter—Ex
haustion of domestic remedies—Review of decision
on admissibility—Sufficiency of State party's reply
under article 4 (2) of Optional Protocol—Detention
incommunicado—Access
to counsel—Habeas cor
Articles of Covenant: 7, 9 (3) and (4), 10 (1) and 19 (2)
and (3)
54
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