2.3 A number of detainees who were held, together
with the author's father, and who were later ahowed to
communicate with their families or were released, gave
independent but similar accounts of the cruel torture to
which Eduardo Bleier was subjected. They generahy
agreed that he was singled out for especially cruel treat
ment because he was a Jew. Thus, on one occasion, the
other prisoners were forced to bury him, covering his
whole body whh earth, and to walk over him. As a
resuh of this treatment inflicted upon him, he was in a
very bad state and towards December 1975 had to be in
terned in the Military Hospital.
2.4 At the time of the submission of the com
munication the author assumed that Eduardo Bleier was
either detained incommunicado or had died as a result
of torture. The author further states that since her
father's arrest, owing to the uncertainty, there has been
a complete disruption of family hfe. She also claims that
the honour and reputation of her father were attacked
in every possible way by the authorities, in particular by
the pubhcation of the above-quoted "communiqué".
2.5 The author maintains that in practice legal
remedies do not exist in Uruguay. She claims that
habeas corpus or other similar remedies cannot be in
voked against arrest under the "prompt security
measures". In the case of her father, all of the
guarantees of amparo that could be invoked in penal
proceedings were irrelevant, because he never appeared
before any court; nor was he ever formally informed of
the reasons for his arrest. The author claims that her
father was arrested because of his pohtical opinions.
2.6 She further states that the authorhies never
answered the numerous letters addressed to them by
various personalities, institutions or organizations, ask
ing for information about her father's situation. She
adds that such silence might well indicate that her father
died as a resuh of torture.
2.7 The author claims that the following provisions
of the International Covenant on Civil and Political
Rights have been violated by the Uruguayan authorities
in respect of her father: articles 2; 3; 6; 7; 9 (1), (2), (3),
(4) and (5); 10; 12 (2); 14; 15; 17; 18; 19; 25 and 26.
has had the opportunity to talk in various parts of the
world with persons formerly imprisoned in Uruguay
and that many of them spoke of her father and the bar
barous torture to which he had been subjected.
6. By a letter dated 25 February 1980, Rosa Valiño
deBleier, the wife of the alleged victim, requested the
Human Rights Committee to accept her as co-author of
communication No. 30/1978 concerning her husband,
Eduardo Bleier. She further confirmed all the basic
facts as outhned in Irene Bleier Lewenhoff's com
munication of 23 May 1978. In addition, she stated that
she has received many unofficial statements, the latest
in December 1978, indicating that her husband was still
alive. She claims that some of the persons who were im
prisoned with her husband and witnessed his tortures
and who have explained to her the facts in detail, have
now left Uruguay. She further stated that in 1976, she
submitted an application for habeas corpus to the
military court, as a result of which she received a report
saying that her husband had been "wanted" since
August of the same year.
7. On 24 March 1980, the Committee decided:
(a) That the authors were justified in acting on behalf
of the alleged victim by reason of close family connec
tion;
(b) That the communication was admissible in so far
as it related to events which have allegedly continued or
taken place after 23 March 1976 (the date of the entry
into force of the Covenant and the Optional Protocol
for Uruguay);
(c) That, in accordance with article 4 (2) of the Op
tional 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;
(d) That the State party be informed that the written
explanations or statements submitted by it under article
4 (2) of the Optional Protocol must relate primarily to
the substance of the matter under consideration. The
Committee stressed that, in order to perform its respon
sibilities, it required specific responses to the allegation
which had been made by the authors of the communica
tion, and the State party's explanations of the actions
taken by it;
3. By its decision of 26 July 1978, the Human Rights
Committee transmitted the communication under rule
91 of the provisional rules of procedure to the State
party concerned, requesting information and observa
tions relevant to the question of admissibility of the
communication.
(/) That the authors be requested to submit any addi
tional detailed information available to them of Eduar
do Bleier's arrest and treatment during detention, in
cluding statements from other prisoners who claim to
have seen him in captivity in Uruguay.
4. By a note dated 29 December 1978 the State party
informed the Human Rights Committee that a warrant
had been out for the arrest of Eduardo Bleier since
26 August 1976, as he was suspected of being connected
with the subversive activities of the banned Communist
Party and had gone into hiding ("wanted person
No. 1,189").
8.1 In reply to the Committee's request for addi
tional detailed information on Mr. Bleier's arrest and
treatment, Rosa Vahño de Bleier, in two letters dated
20 June and 26 July 1980, provided detailed informa
tion which she had obtained from other ex-prisoners
who claimed to have seen her husband in captivity in
Uruguay. She also included the text of testimonies on
her husband's detention and ill-treatment. In one of the
testimonies an eyewitness, Alcides Lanza Perdomo, a
5. In reply to the State party's submission of 29
December 1978, Irene Bleier Lewenhoff, by a letter
dated 15 February 1979, stated that she had irrefutable
proof of the arrest of her father and the treatment in
flicted upon him during detention. She claims that she
110
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents