clarifying the matter and the remedy, if any, that may
have been taken by it;
3. That the State party be informed that the written
explanations or statements submitted by it under article
4 (2) of the Protocol must primarily relate to the
substance of the matter under consideration, and in par
ticular the specific violations of the Covenant alleged to
have occurred. The State party was requested, in this
connection, to enclose copies of any court orders or
decisions of relevance to the matter under considera
tion.
was arrested on 12 February 1976, allegedly without any
warrant. Although her arrest took place before the com
ing into force of the International Covenant on Civil
and Political Rights and of the Optional Protocol
thereto on 23 March 1976 in respect of Uruguay, her
detention without trial continued after 23 March 1976.
Following her arrest, Esther Soriano de Bouton was de
tained for eight months incommunicado, before she was
taken before a military court which, within one month,
decided that she was innocent and ordered her release.
Her release was effected one month later on 25 January
1977.
6.1 On 23 November 1979, two days before expiry
of the six-month time-hmit, the State party informed
the Human Rights Committee, through its Chairman,
that its submission under article 4 (2) of the Optional
Protocol would be presented "as soon as possible".
6.2 On 13 February 1980, the State party, again
through the same channels, informed the Committee
that, due to reasons of a technical nature, its submission
was not ready and requested " a reasonable" extension
of time for its submission.
11. As regards the serious allegations of illtreatment made by Mrs. Soriano de Bouton, the State
party has adduced no evidence that these allegations
have been investigated. A refutation of these ahegations
in general terms, as contained in the State party's sub
mission of 10 July 1980, is not sufficient.
12. 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, in its submission, has referred to the pro
visions of Uruguayan law, such as the "prompt security
measures". However, the Covenant (art. 4) does not
allow national measures derogating from any of its pro
visions 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 circumstances.
7. On 10 July 1980, the State party submitted its
observations under article 4 (2) of the Optional Pro
tocol. It informed the Committee that Mrs. Soriano de
Bouton was arrested on 12 February 1976 under the
"prompt security measures" because of "presumptive
connections with subversive activities"; that on 2
December 1976 a military judge ordered her "condi
tional" release {"libertad con carácter de emplazada")
of which Mrs. Soriano was informed the same day. The
State party further submits that, on 11 February 1977,
Mrs. Soriano applied for authorization to leave
Uruguay for Mexico, which was granted to her the same
day. It categorically refuted the ahegations of mistreat
ment made by the author of the complaint, declaring
that in all Uruguayan prisons the personal integrity of
all detainees is guaranteed. In this connection, the State
party asserted that members of diplomatic missions
in Uruguay as well as members of international
humanitarian organizations are free to visit any de
tainee, without any witnesses, and it referred, for ex
ample, to a recent visit by the International Committee
of the Red Cross.
13. The Human Rights Committee, acting under ar
ticle 5 (4) of the Optional Protocol to the International
Coyenant on Civil and Political Rights, is of the view
that the facts as found by it, in so far as they have oc
curred after 23 March 1976 (the date on which the Cove
nant entered into force in respect of Uruguay), disclose
violations of the Covenant, in particular of:
Articles 7 and 10 (1), on the basis of evidence of in
human and degrading treatment of Esther Soriano de
Bouton;
Article 9 (1), because she was not released until one
month after an order for her release was issued by the
military court;
Article 9 (3), because she was not brought before a
judge until eight months after she was detained;
Article 9 (4), because recourse to habeas corpus was not
available to her.
8. The Committee has been informed by the
Government of Uruguay in another case (No. 9/1977)
that the remedy of habeas corpus is not applicable to
persons arrested under "prompt security measures".
9. The Committee has considered the present com
munication in the hght of all information made
available to it by the parties, as provided in article 5 (1)
of the Optional Protocol.
14. Accordingly, the Committee is of the view that
the State party is under an obligation to provide Esther
Soriano de Bouton with effective remedies, including
compensation, for the violations which she has suffered
and to take steps to ensure that similar violations do not
occur in the future.
10. The Committee decides to base its views on the
foUowing facts which have either been essentially con
firmed by the State party or are uncontested except for
denials of a general character offering no particular in
formation or explanation: Esther Soriano de Bouton
73
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