while in detention, including the various forms of
physical and mental torture to which they were allegedly
subjected. They stated that due to the treatment which
he had received, Alcides Lanza's state of health was still
poor and, as evidence of this, they submitted a medical
report dated 19 February 1980, from a doctor in
Stockholm, together with copies of hospital and
laboratory records relating thereto. They also enclosed
several photographs showing scars on Alcides Lanza's
legs, allegedly caused by cigarette burns as a means of
torture. The doctor's report shows that Alcides Lanza
continues to suffer from auditive disturbances, a tremor
of his right hand and inability to use it properly and
symptoms of mental depression.
12. The Committee has noted that the submissions
of the Government of 8 October 1979 were received
after the expiry of the time-limit imposed by article 4 (2)
of the Optional Protocol and even after the time-limit
following the Committee's renewed request of 18 April
1979. Nevertheless the Committee has considered the
present communication in the light of all information
made available to it by the parties, as provided for in ar
ticle 5 (1) of the Optional Protocol.
13. With regard to the exhaustion of domestic
remedies, the Committee notes that the submissions and
explanations of the Government still do not show in any
way that in the particular circumstances of the two in
dividuals concerned at the time of the events com
plained of, there were remedies available which they
should have pursued. The Committee has been in
formed by the Government in another case (No. 9/1977)
that the remedy of habeas corpus is not applicable to
persons arrested under prompt security measures.
Moreover, Beatriz Weismann and Alcides Lanza have
explained that they had no effective contact with
lawyers to advise them of their rights or to assist them in
exercising them.
(ii) Beatriz Weismann de Lanza was arrested for in
vestigation on 17 February 1976 and detained
under the prompt security measures, as stated by
the Government. She was kept incommunicado
for many months. It is not in dispute that she was
kept in detention for more than seven months
without charges, and later, according to the infor
mation provided by the Government, she was
kept in detention for over 18 months
(28 September 1976 to April 1978) on the charge
of "assisting a subversive association", appar
ently on similar grounds to those in the case of
her husband. She was tried and sentenced in April
1978 by a military judge, at which time her of
fence was deemed to be purged by the period
spent in custody pending trial. She was, however,
kept in detention until 11 February 1979.
Throughout her period of detention and during
her trial she had no effective access to legal
assistance. With regard to her allegations that
during her detention she was subjected to illtreatment and to physical and mental torture, she
states that she complained to the military judge,
but there is no evidence that her complaints have
been investigated.
15. The Human Rights Committee has considered
whether acts and treatment, which are prima facie not in
conformity with the Covenant, could for any reasons be
justified under the Covenant in the circumstances. The
Government has referred to provisions of Uruguayan
law, in particular the "prompt security measures".
However, the Covenant (art. 4) does not allow national
measures derogating from any of its provisions except in
strictly defined circumstances, and the Government has
not made any submissions of fact or law to justify such
derogation. Moreover, some of the facts referred to
above raise issues under provisions from which the
Covenant does not allow any derogation under any cir
cumstances.
As regards the observations of the Government
quoted above (para. 8) it appears from the above find
ings of the Committee (para. 14) that various guarantees
of due process have not been effectively observed, and
that a number of quite specific allegations of illtreatment and torture have only been deemed by the
Government "not worthy of any further comment". In
its decision of 26 October 1979 concerning case No.
9/1977, the Committee has emphasized that denials of a
general character do not suffice. Specific responses and
pertinent evidence (including copies of the relevant deci
sions of the courts and findings of any investigations
which have taken place into the validity of the com
plaints made) in reply to the contentions of the author
of a communication are required. The Government did
not furnish the Committee with such information. Con
sequently, the Committee cannot but draw appropriate
conclusions on the basis of the information before it.
14. The Committee therefore decides to base its
views on the following considerations:
(i) Alcides Lanza Perdomo was arrested for in
vestigation on 2 February 1976 and detained
under the "prompt security measures" as stated
by the Government. He was kept incommunicado
for many months. It is not in dispute that he was
kept in detention for nearly eight months without
charges, and later for another 13 months, on the
charge of "subversive association" apparently on
no other basis than his political views and connec
tions. Then, after nearly 21 months in detention,
he was sentenced for that offence by a military
judge to three years severe imprisonment, less the
period already spent in detention. Throughout his
period of detention and during his trial he had no
effective access to legal assistance. Although he
had served his sentence on 2 February 1979, he
was not released until 1 July 1979. His present
state of physical and mental ill-health for which
no other explanation has been offered by the
Uruguayan Government, confirms the allegations
of ill-treatment which he suffered while under
detention.
16. The Human Rights Committee, acting under ar
ticle 5 (4) of the Optional Protocol to the International
Covenant on Civil and Pohtical Rights, is of the view
that the facts set out above (para. 14), in so far as they
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