a means of protecting and safeguarding his rights under
the Uruguayan judicial system".
On 3 June 1976, Mr. Grille Motta and three other de
tainees escaped from their place of detention, thus
thwarting the course of justice.
The allegations that the author of the communication
was subjected to iU-treatment and torture were nothing
but a figment of the imagination of the author; they
were nothing more than a further example of the cam
paign of defamation being waged against Uruguay with
the object of discrediting its image abroad.
7. In a letter dated 12 December 1978 and submitted
under rule 93 (3) of the provisional rules of procedure
the author reaffirmed his previous assertions that he has
exhausted all domestic remedies available to him in
practice. He pointed out that the remedy of habeas cor
pus was not applicable in his case and that his appeal
against the only ruling by the military court which could
be appealed against in his case was dismissed by the
Supreme Court of Justice after his escape. He submitted
that the Committee should declare that a serious viola
tion has occurred of articles 3, 6, 7, 8, 9, 10, 14, 15, 17,
18 and 19 of the International Covenant on Civil and
Political Rights.
11. The Committee has considered the present com
munication in the light of all information made
available to it by the parties, as provided in article 5 (1)
of the Optional Protocol.
12. With regard to the exhaustion of domestic
remedies, the Committee has been informed by the
Government of Uruguay in another case (No. 9/1977)
that the remedy of habeas corpus is not applicable to
persons arrested under "prompt security measures".
Mr. Grille Motta states that he did in fact appeal to the
Supreme Court of Uruguay against a ruling of the
military court and that his appeal was dismissed. There
is no evidence from which the Committee can conclude
that there was any other domestic remedy available to
him which he should have exhausted.
8. On 18 April 1979, the Committee decided that the
submission of the State party, dated 6 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, including copies of any
court orders or decisions of relevance to the matter
under consideration.
13. The Committee therefore decides to base its
views on the following facts which have either been
essentially confirmed by the State party or are un
contested except for denials of a general character offer
ing no particular information or explanation: Alberto
Grille Motta was arrested on 7 February 1976. About
one month later, he was brought before a military judge
without having any opportunity to consult a lawyer
beforehand and after having been held completely in
communicado with the outside world. On 17 May 1976
he was ordered to be tried on charges of subversive
association and an attempt to undermine the morale of
the armed forces under articles 60 (V) and 58 (3) respect
ively of the Mihtary Penal Code. The remedy of habeas
corpus was not available to him. He was arrested,
charged and committed for trial on the grounds of his
pohtical views, associations and activities.
9. The Committee's decision of 18 April 1979 was
transmitted to the State party on 18 May 1979. The six
weeks referred to therein therefore expired on 2 July
1979. More than three months after that date a further
submission dated 5 October 1979 was received from the
State party.
10. In its further submission of 5 October 1979 the
State party, while repeating the views expressed in its
submission of 6 November 1978, namely that the ques
tion of admissibility should be reviewed by the Commit
tee in the light of the explanations given by the State
party on domestic procedures available to the accused
and reaffirming its conviction that its reply of
6 November 1978 should have been sufficient to settle
the matter once and for all, added the following ex
planations:
Mr. Alberto Grille Motta, who had already been de
tained in 1967 for causing a disturbance on the premises
of the Central Office of the Department of Montevideo,
was again arrested on 7 February 1976 under "prompt
security measures" for his alleged subversive activities
from within the clandestine organization of the pro
scribed Communist Party.
He was placed at the disposal of the military courts
which, by decision of 17 May 1976, ordered him to be
tried on charges of subversive association and attempt
to undermine the morale of the armed forces, under ar
ticles 60 (V) and 58 (3) respectively of the Military Penal
Code.
At that time, contrary to what is stated in Mr. GriUe
Motta's communication, he appointed Dr. Susana Andreassen as his defence counsel.
14. As regards the serious allegations of illtreatment and torture claimed by Mr. Grille Motta to
have continued for about 50 days after his arrest on
7 February 1976, the Committee notes that it follows
from this account that such treatment continued after
23 March 1976 (the date of the entry into force of the
Covenant and the Optional Protocol for Uruguay). Fur
thermore, in his communication of 25 April 1977, which
was transmitted by the Committee to the Uruguayan
Government, Mr. Grille Motta named some of the of
ficers of the Uruguayan Police who he stated were
responsible. The State party has adduced no evidence
that these allegations have been duly investigated in ac
cordance with the laws to which it drew attention in its
submission of 9 October 1979 in case No. 9/1977.
A refutation of these allegations in general terms is not
sufficient. The State party should have investigated the
allegations in accordance with its laws and its obliga56
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents