Covenant on Civil and Political Rights, is of the view
that these facts, in so far as they occurred after 23
March 1976 (the date on which the Covenant entered in
to force in respect of Uruguay), disclose violations of
the Covenant, in particular of:
Article 9 (2), because Rosario Pietraroia Zapala was not
duly informed of the charges against him;
Article 9 (3), because he was not brought promptly
before a judge or other officer authorized by law to
exercise judicial power and because he was not tried
within a reasonable time;
Article 9 (4), because recourse to habeas corpus was not
available to him;
Article 10 (1), because he was held incommunicado for
months;
Article 14 (1), because he had no fair and public hearing
and because the judgement rendered against him was
not made public;
Article 14 (3), because he did not have access to legal
assistance during his detention incommunicado and
was not tried in his presence;
Article 15 (1), because the penal law was applied
retroactively against him;
Article 19 (2), because he was arrested, detained and
tried for his pohtical and trade-union activities;
Article 25, because he is barred from taking part in the
conduct of public affairs and from being elected for
15 years, in accordance with Acta Institucional No. 4
of 1 September 1976.
18. The Committee, accordingly, is of the view that
the State party is under an obligation to provide the vic
tim with effective remedies, including his immediate
release and compensation for the violations which he
has suffered, and to take steps to ensure that similar
violations do not occur in the future.
Communication No. 58/1979
Submitted by: Anna Maroufidou on 5 September 1979
Alleged victim: The author
State party: Sweden
Date of adoption of views: 9 April 1981 (twelfth session)
Expulsion of aliens—Refugee—Interpretation
plication of domestic legislation
counselling centre for persons seeking asylum. At first
the author was held as a suspect under the Swedish law
governing arrest and remand in custody in criminal
cases (Rattengangsbalken 24/5) as it was suspected that
information concerning acts of sabotage had been com
municated to her. It seems that after a few days this
allegation was dropped and that she continued to be de
tained under the Swedish Ahens Act of 1954 (Utlanningslagen sec. 35, nom. 1). The Government, however,
raised the issue of her expulsion as a presumed terrorist.
A lawyer was appointed to represent her in that connec
tion. Her expulsion was decided upon on 5 May 1977.
The decision was immediately executed and she was
transported, under guard, to Greece. In spite of a cer
tificate, issued by the Swedish Embassy in Athens on
6 May 1977, that she was not being prosecuted for any
punishable act in Sweden, her expulsion as a potential
terrorist made it impossible for her to find any mean
ingful employment in Greece. She was harassed and
even physicaUy attacked by persons whom she assumed
to be right-wing extremists. She returned illegally to
Sweden at the end of 1978 in order to apply for recon
sideration of her case, which seemed to her to be the
only solution to her problems. A review of the case was
granted, but on 14 June 1979 the Swedish Government
confirmed its previous decision of 5 May 1977.
and ap
Article of Covenant: 13
Views under article 5 (4) of the Optional Protocol
1. The author of this communication (initial letter
dated 5 September 1979 and further letters of
20 December 1979, 30 May 1980 and 20 January 1981)
is Anna Maroufidou, a Greek citizen. She submitted the
communication on her own behalf through her legal
representative.
2.1 The author alleges that she is a victim of a
breach by Sweden of article 13 of the International
Covenant on Civil and Political Rights. She describes
the relevant facts as follows:
2.2 In 1975 she came to Sweden seeking asylum. In
1976 she was granted a residence permit. Early in 1977
several aliens and Swedish citizens were arrested in
Sweden on suspicion of being involved in a plan to ab
duct a former member of the Swedish Government.
This plan had allegedly been contrived by the aUeged
terrorist Norbert Krôcher from the Federal Republic of
Germany, who was at the time staying in Sweden il
legally. He and other arrested foreigners were subse
quently expelled from Sweden.
2.4 The Swedish Government based its decisions on
the Ahens Act of 1954 which, since 1975, contains pro
visions against terrorism. The relevant provisions ap
plied in the author's case were in sections 20, 29, 30
and 31. Section 29 provides that an alien may be ex-
2.3 The author of the communication was arrested
in connection with the foregoing events in April 1977,
because she had met some of the suspects in the Refugee
Council's office in Stockholm which was a meeting
place for young people of many nationalities and also a
80
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