5. The Committee found, on the basis of the infor
mation before it, that it was not precluded by article 5
(2) (a) of the Optional Protocol from considering the
communication. The Committee was also unable to
conclude that there were effective domestic remedies
available to the alleged victims in the circumstances
of their case, which they had failed to exhaust. Since,
furthermore, no other procedural impediment had
emerged, the Human Rights Committee declared the
communication admissible on 24 April 1979.
derogations were strictly necessary. Instead, the
Government of Uruguay declared that more informa
tion would be provided in connection with the submis
sion of the country's report under article 40 of the Cov
enant. To date neither has this report been received, nor
the information by which it was to be supplemented.
8.3 Although the sovereign right of a State party to
declare a state of emergency is not questioned, yet, in
the specific context of the present communication, the
Human Rights Committee is of the opinion that a State,
by merely invoking the existence of exceptional cir
cumstances, cannot evade the obligations which it has
undertaken by ratifying the Covenant. Although the
substantive right to take derogatory measures may not
depend on a formal notification being made pursuant to
article 4 (3) of the Covenant, the State party concerned
is duty-bound to give a sufficiently detailed account of
the relevant facts when it invokes article 4 (1) of the
Covenant in proceedings under the Optional Protocol.
It is the function of the Human Rights Committee, act
ing under the Optional Protocol, to see to it that States
parties live up to their commitments under the Cov
enant. In order to discharge this function and to assess
whether a situation of the kind described in article 4(1)
of the Covenant exists in the country concerned, it needs
full and comprehensive information. If the respondent
Government does not furnish the required justification
itself, as it is required to do under article 4 (2) of the Op
tional Protocol and article 4 (3) of the Covenant, the
Human Rights Committee cannot conclude that valid
reasons exist to legitimize a departure from the normal
legal régime prescribed by the Covenant.
6. On 10 July 1980, the State party submitted its
observations under article 4 (2) of the Optional Pro
tocol. Essentiahy, it invoked article 4 of the Covenant in
the following terms:
The Government of Uruguay wishes to inform the Committee that
it has availed itself of the right of derogation provided for in article
4 (3) of the International Covenant on Civil and Political Rights. The
Secretary-General of the United Nations was informed of this decision
and, through him, notes were sent to the States parties containing the
notification of the Uruguayan State. Nevertheless, the Government of
Uruguay wishes to state that it reiterates the information given on that
occasion, namely that the requirements of article 4 (2) of the Cov
enant are being strictly complied with—requirements whose purpose is
precisely to ensure the real, effective and lasting defence of human
rights, the enjoyment and promotion of which constitute the basis of
our existence as an independent, sovereign nation. Article 25, on
which the authors of the communication argue their case, is not men
tioned in the text of article 4 (2). Accordingly, the Government of
Uruguay, as it has a right to do, has temporarily derogated from some
provisions relating to political parties. Nevertheless, as is stated in the
third preambular paragraph of Act N o . 4, dated 1 September 1976, it
is the firm intention of the authorities to restore political life.
7. The Committee has considered the present com
munication in the light of all information made
available to it by the parties, as provided for in article
5 (1) of the Optional Protocol.
8.4 In addition, even on the assumption that there
exists a situation of emergency in Uruguay, the Human
Rights Committee does not see what ground could be
adduced to support the contention that, in order to
restore peace and order, it was necessary to deprive ah
citizens, who as members of certain political groups had
been candidates in the elections of 1966 and 1971, of
any political right for a period as long as 15 years. This
measure applies to everyone, without distinction as to
whether he sought to promote his pohtical opinions by
peaceful means or by resorting to, or advocating the use
of, violent means. The Government of Uruguay has
failed to show that the interdiction of any kind of
political dissent is required in order to deal with the
alleged emergency situation and pave the way back to
political freedom.
8.1 Although the Government of Uruguay, in its
submission of 10 July 1980, has invoked article 4 of the
Covenant in order to justify the ban imposed on the
authors of the communication, the Human Rights Com
mittee feels unable to accept that the requirements set
forth in article 4 (1) of the Covenant have been met.
8.2 According to article 4 (1) of the Covenant, the
States parties may take measures derogating from their
obligations under that instrument in a situation of
public emergency which threatens the life of the nation
and the existence of which has been formahy pro
claimed. Even in such circumstances, derogations are
only permissible to the extent strictly required by the ex
igencies of the situation. In its note of 28 June 1979 to
the Secretary-General of the United Nations (repro
duced in document CCPR/C/2/Add.3, p. 4), which was
designed to comply with the formal requirements laid
down in article 4 (3) of the Covenant, the Government
of Uruguay has made reference to an emergency situa
tion in the country which was legally acknowledged in a
number of "Institutional Acts". However, no factual
details were given at that time. The note confined itself
to stating that the existence of the emergency situation
was " a matter of universal knowledge"; no attempt was
made to indicate the nature and the scope of the deroga
tions actually resorted to with regard to the rights
guaranteed by the Covenant, or to show that such
9. The Human Rights Committee, acting under ar
ticle 5 (4) of the Optional Protocol, is of the view that,
by prohibiting the authors of the communication from
engaging in any kind of political activity for a period as
long as 15 years, the State party has unreasonably
restricted their rights under article 25 of the Covenant.
10. Accordingly, the Human Rights Committee is
of the view that the State party concerned is under an
obligation to take steps with a view to enabhng Jorge
Landinelli Silva, Luis E. Echave Zas, Omar Patrón
Zeballos, Niuska Sala Fernández and Rafael Guarga
Ferro to participate again in the political life of the na
tion.
66
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents