that he had held the post of General-Secretary of the
National Union of Metal and Allied Workers and that
he had been Vice-President of the Trade Unions Inter
national of Workers in the Metal Industry.
ordering the suspension of all political rights of "all
candidates for election office, appearing in the 1966 and
1971 election hsts of Marxist or pro-Marxist parties or
pohtical groups declared illegal by Executive Power
resolutions No. 1788/67 of 12 December 1967 and
No. 1026/73 of 26 November 1973".
2.4 The author declared that the complaint on
behalf of her father had not been submitted for ex
amination under any other procedure of international
investigation or settlement. With regard to domestic
remedies, the author alleged that there were no effective
local remedies, habeas corpus not being applicable
under "prompt security measures" when the prisoner
was before a military judge, but that, nevertheless, an
appeal against the sentence of the first military instance
had been lodged, although no appeal was possible
against the procedure that led to the sentence of 12
years' imprisonment.
2.1 The author claims that her father was arrested in
Montevideo on 19 January 1976 without any court
order. She further alleges that her father was held in
communicado and virtually in isolation, since not only
the place in which he had been imprisoned but also the
fact of his arrest was kept absolutely secret for four
months. She submits that, thereafter, the family re
ceived indirect confirmation of the fact that he was alive
and in detention, her mother being visited by two of
ficials asking for her husband's clothes. After two fur
ther months the author's mother was permitted to see
him for the first time. The author submits that she is not
in a position to give precise details of the treatment her
father suffered during that first period of his detention
but that, at least on two occasions, he was committed to
the military hospital, which, according to the author, is
done only in extremely serious cases.
2.2 She further states that after six months in ad
ministrative detention, her father was charged on 10
August 1976 by a military court with the alleged of
fences under the Military Penal Code of "subversive
association" {"asociación subversiva") and "an attack
on the Constitution in the degree of conspiracy" {"aten
tado a la Constitución en grado de conspiración") and
that, in May 1977, the military prosecutor called for a
penalty of 12 years' rigorous imprisonment, a sentence
which was pronounced by a military judge in September
1978. In this connection, the author submits that her
father did not enjoy a position of equality before the
court which tried him, because persons arrested on
charges of trade-union or political activities are sub
jected to systematic discrimination before the mihtary
courts, i.e., that they are not presumed innocent before
the trial. She further states that her father has been
prosecuted and held guilty for acts which were not il
legal at the time when they were committed. She submits
that he was not given a public hearing, since the trial
took place in writing, the accused not being present, and
that not even the judgement was made pubhc in such
cases. She further aheges that the tribunal was not a
competent tribunal, since under the Constitution
military judges are prohibited from trying civilians. She
also claims that the choice of defence counsel was
prevented by the systematic harassment of lawyers who
tried to take up cases of political prisoners. The author
further states that the case is now before the military
court of second instance, beyond which it could not go,
and that her father is at present held in the "military
detention estabhshment" at Libertad, after having been
held before in various other military units.
2.5 The author claims that the following provisions
of the International Covenant on Civil and Pohtical
Rights have been violated by the Uruguayan authorities
in respect of her father: 2; 7; 9 (1), (2), (3), (4) and (5);
10 (1), (2) and (3); 12 (2); 14 (1), (2), (3) and (5); 15; 17;
18 (1); 19 (1) and 22 (1 and 3).
3. By its decision of 24 April 1979, the Human
Rights Committee transmitted the communication
under rule 91 of the provisional rules of procedure to
the State party concerned, requesting information and
observations relevant to the question of admissibility of
the communication, and requested the author to furnish
additional information regarding the progress and out
come, if any, of the appeal lodged and in substantiation
of her claim that there were no effective remedies to be
exhausted in the case.
4. In response to the Human Rights Committee's re
quest, the author, in her letter dated 11 June 1979,
claimed that "judicial" remedies under the military pro
cess consisted solely of an appeal against the decision.
She stated that that remedy had been used in her
father's case, but that it remained ineffective, no deci
sion having been given to date. The author further drew
attention to her father's state of health, claiming that he
was suffering from various disorders, one of which
threatened to blind him. She requested the Committee
to call upon the State party to report promptly on her
father's state of health.
5. The State party, in its response dated 13 July
1979, stated that the case of Rosario Pietraroia Zapala
had been submitted to the Inter-American Commission
on Human Rights for consideration. The State party
further submitted that Rosario Pietraroia Zapala had
been arrested on 7 March 1976 for involvement in
subversive activities and detained under emergency
measures, that he had been charged {"procesado") on
10 August 1976 before the examining magistrate of the
Military Court for offences committed contrary to ar
ticles 60 (V), "subversive association", and 60 (XII) in
conjunction with 60 (i).clause 6 of the Mihtary Criminal
Code, "conspiracy to violate the Constitution, fohowed
by acts preparatory thereto". The State party further
2.3 The author also points out that her father's right
to take part in public affairs was suspended for a period
of 15 years up to September 1991 under the provision of
the "Institutional Act No. 4 " ' dated 1 September 1976,
' See also cases N o s . 5/1977 (p. 37), 10/1977 (p. 6), 28/1978 (p. 57)
and 34/1978 (p. 65).
77
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