14. As to the authors' allegation that the enactment
o{ Acta Institucional No. 4 oí 1 September 1976,' which
curtailed the political rights of various categories of
citizens, made their father a victim of violations of ar
ticle 25 of the Covenant, the Committee refers to the
considerations reflected in its views on a number of
other cases (e.g. in 28/1978, 32/1978, 34/1978 and
44/1979), concerning the compatibihty of Acta Institu
cional No. 4 with the provisions of article 25 of the
Covenant, which proscribes "unreasonable restric
tions" on the enjoyment of pohtical rights. It has been
the Committee's considered view that this enactment
which deprives all citizens, who as members of certain
pohtical groups had been candidates in the elections of
1966 and 1971, of any political rights for a period as
long as 15 years is an unreasonable restriction of the
political rights protected by article 25 of the Covenant.
' The relevant part of the Act reads as follows;
"[...] The Executive Power, in exercise of the powers conferred
on it by the institutionalization of the revolutionary process,
"DECREES:
15. The Human Rights Committee, acting under ar
ticle 5 (4) of the Optional Protocol to the International
Covenant on Civil and Political Rights, is of the view
that these facts, in so far as they have 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 (3), because Alberto Altesor was not brought
promptly before a judge or other officer authorized
by law to exercise judicial power;
Article 9 (4), because recourse to habeas corpus was not
available to him;
Article 10 (1), because he was held incommunicado for
several months;
Article 14 (1) and (3), because he did not have a fair and
pubhc hearing;
Article 25, because he is barred from taking part in the
conduct of pubhc affairs and from voting in elections
or from being elected for 15 years in accordance with
Acta Institucional No. 4 of 1 September 1976.
16. The Committee, accordingly, is of the view that
the State party is under an obligation to provide the vic
tim with effective remedies, including compensation,
for the violations which he has suffered and to take
steps to ensure that similar violations do not occur in the
future. The State party should also ensure that Alberto
Altesor receives ah necessary medical care.
"Art. 1. The following shall be prohibited, for a term of 15
years, from engaging in any of the activities of a pohtical nature
authorized by the Constitution of the Republic, including the vote:
"(a) All candidates for elective office on the lists for the 1966
and 1971 elections of the Marxist and pro-Marxist Political Parties
or Groups declared illegal by the resolutions of the Executive Power
No. 1788/67 o f 12 December 1967 and N o . 1026/73 of 26
November 1973; [...]"
Communication No. 30/1978
Submitted by: Irene Bleier Lewenhoff and Rosa Valiño de Bleier on 23 May 1978
Alleged victim: Eduardo Bleier (authors' father and husband)
State party: Uruguay
Date of adoption of views: 29 March 1982 (fifteenth session)
Detention
incommunicado— Torture—Disappeared
person—Interim decision—Burden of proof—State's
duty to investigate—Right to life
Articles of Covenant: 6,7, 9 (1) and 10 (1)
Views under article 5 (4) of the Optional Protocol
1. The author of the original communication (initial
letter dated 23 May 1978 and further letter dated
15 February 1979) is Irene Bleier Lewenhoff, a
Uruguayan national residing in Israel. She is the
daughter of the aheged victim. Her information was
supplemented by further letters (dated 25 February,
20 June, 26 July and 31 October 1980 and 4 January
and 10 December 1981) from Rosa Valiño de Bleier, a
Uruguayan national residing in Hungary who is the
alleged victim's wife.
2.1 In her letter of 23 May 1978, the author, Irene
Bleier Lewenhoff, states the following:
2.2 Her father, Eduardo Bleier, was arrested
without a court order in Montevideo, Uruguay, at the
end of October 1975. The authorhies did not
acknowledge his arrest and he was held incommunicado
at an unknown place of detention. Her father's detenfion was, however, indirectly confirmed because his
name was on a list of prisoners read out once a week at
an army unit in Montevideo where his family delivered
clothing for him and received his dirty clothing. His
name appeared on that hst for several months until the
middle of 1976. On 11 August 1976, "Communiqué No.
1334 of the Armed Forces Press Office" was printed in
all the Montevideo newspapers requesting the general
public to co-operate in the capture of 14 persons, among
whom Eduardo Bleier was listed, "known to be
associated with the banned Communist Party, who had
not presented themselves when summoned before the
mihtary courts". The author also aheges that her father
was subjected to particularly cruel treatment and torture
because of his Jewish origin.
109
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