stated that Rosario Pietraroia Zapala had been sen
tenced on 28 August 1978 to 12 years' imprisonment,
that the legal proceedings instituted against him had
been entirely consistent with the provisions of the
Uruguayan legal code, that he had appeared before a
court as soon as his trial began on 10 August 1978' and
that for his defence he had benefited at all times from
the legal constitutional guarantees.
mittee that "because of congenital glaucoma, his left
eye had to be removed by surgery carried out at the Cen
tral Hospital of the Armed Forces three months ago.
During his iUness, Mr. Pietraroia enjoyed all the
guarantees of medical, surgical and hospital care af
forded to all detainees, and his current state of heaUh is
good."
9. The six-month time-limit referred to in the
Committee's decision of 14 August 1979 expired on 12
April 1980. By a note dated 10 July 1980, the State party
submitted its written explanations under article 4 (2) of
the Optional Protocol.
6. On 14 August 1979, the Human Rights Commit
tee,
(a) Having noted, as regards the question of exhaus
tion of domestic remedies, that the State party had not
raised any objection to the admissibility of the com
munication on this ground, and
(b) Having ascertained that the case concerning
Rosario Pietraroia, which had been submitted to the
Inter-American Commission of Human Rights under
case No. 2020, had been effectively withdrawn.
10. In that submission, the State party informed the
Committee that a judicial decision had been dehvered
on the appeal lodged by the defence of the alleged victim
and gave the following explanations:
On 9 October 1979, the Supreme Military Court rendered a judge
ment in second instance confirming the judgement of the first in
stance. Consequently, the author's assertions concerning domestic
remedies are wholly groundless, since, at the time of submission of the
communication to which this reply refers, the domestic remedies could
not be considered to have been exhausted. Furthermore, for the
guidance of the Committee, the Government of Uruguay reiterates
that the remedies of appeal for reversal and appeal for review may be
exercised in respect of final judgements rendered by military courts in
second instance. In such cases, the court of justice which hears and
delivers a decision on the appeal is formed by five civilian members
and two high-ranking officers. With regard to the author's request to
be informed about her father's state of heakh, the Government of
Uruguay has already replied to the Committee, explaining the reason
for his operation. As he was found to be suffering from congenital
glaucoma of the left eye, the eye had to be removed. In the course of
that operation, carried out in the Central Hospital of the Armed
Forces, and also during his convalescence, Mr. Pietraroia received
constant medical care, just as all detainees needing any kind of inten
sive care have received and are receiving such care. He is currently be
ing held at Military Detention Establishment M . l , and his state of
health is good. All prisoners receive permanent medical care. In addi
tion, they are visited regularly by eye, ear, nose and throat, and heart
speciahsts. Any persons requiring more specialized care a n d / o r
surgical operations are taken to the Central Hospital of the Armed
Forces, where they remain as long as is necessary for their recovery.
Therefore decided:
1. That the communication was admissible;
2. That, in accordance with article 4 (2) of the
Optional Protocol, the State party be requested to
submit to the Committee, 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;
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 of the
Covenant alleged to have occurred. That the State
party be requested, in this connection, to enclose
copies of any court orders or decisions of relevance to
the matter under consideration;
4. That the attention of the State party be drawn
to the concern expressed by the author of the com
munication with regard to the state of health of her
father and that the State party be requested to furnish
information to the Committee thereon.
11. In a further submission, dated 18 August 1980,
under rule 93 (3) of the Committee's provisional rules of
procedure, the author states that, with regard to the
remedies of appeals for reversal and for review, these
remedies can only be invoked when the person con
cerned has served half his sentence, i.e., in her father's
case in two years' time. Concerning her father's state of
health, she maintained the foOowing:
7. In a further letter, dated 13 August 1979, the
author submitted her comments on the State party's
submission under rule 91 of the Committee's provi
sional rules of procedure. Those comments were re
ceived after the adoption of the Committee's decision
on 14 August 1979. The author reiterated that her father
was arrested on 19 January 1976 and that for nearly
eight months (from 19 January to 10 August 1976) he
had not been brought before any form of judicial
authority.
The deafness from which my father has been suffering since the
early months when he was held incommunicado has not been treated,
since it was diagnosed as an "old person's complaint"; 1 must advise
the Committee that he had never before had hearing problems. This,
together with the problem of his sight, is a consequence of being
beaten about the head. As a resuU of being strung up his spine and
collar-bone have been damaged. In early April of the present year, one
of his forefingers was operated on because, once bent, it did not
return to its normal position, but the operation was a failure because it
did not correct the defect and he has been suffering from pain in his
hand ever since.
8. In a further note, dated 5 October 1979, the State
party submitted its comments on the author's reply of
11 June 1979 to the Human Rights Committee's request
for further information under rule 91 of its provisional
rules of procedure. Concerning the state of health of
Rosario Pietraroia, the State party informed the Com-
In the barracks where he was detained before being transferred to
the Libertad prison, where he is held at present, he put out his knee
performing military drill and his leg has not been right since. A short
while ago "he fell into a well he had not noticed" and gravely injured
his leg, which causes him considerable pain. Finally, his feet get very
cold, which is a sign of a serious deterioration in his physical condi-
^ This may be a typing error in the State party's submission. From
the context, the correct date would appear to be 10 August 1976.
78
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