5.1 In a further letter dated 7 March 1981, the
author of the communication notes the lack of a
response from the Government of Uruguay and informs
the Human Rights Committee that the numerous dif
ficulties caused to her by the refusal of the Uruguayan
authorities to extend the validity of her passport have
considerably increased, thus seriously affecting not only
herself but also other members of her family. The
author claims in this connection that after the death of
her mother. Idea Martins de Vidal, which occurred on
12 December 1979 in Uruguay, she and her brother
became the sole heirs to their mother's estate and that
the legal formalities in this respect have been completed
before the appointed judge. Not being able to travel to
Uruguay herself, she instructed a Mexican notary to
take a number of necessary steps in order to terminate
the regime of community property existing between her
brother and herself. For this purpose, she requested the
Uruguayan consul in Mexico to certify the signature of
the competent Mexican official, Mr. Luis del Valle
Prieto, which the consul allegedly refused and still
refuses to do, thus making it impossible for her and her
brother to pursue the separation proceedings further.
The author points out that her request is covered by na
tional legislation (Act No. 14,534 of 24 June 1976), in
conformity with a treaty between Uruguay and Mexico
signed in Panama on 29 January 1975 and ratified by
the Government Council of Uruguay. She concludes
that despite the efforts and démarches made, including
those by the Mexican consul in Montevideo, it has not
so far been possible for her and her brother to change
the situation, adding that her brother, who lives in
Uruguay, is in no way involved in any activity that
might be held against her.
5.2 A copy of the author's submission of 7 March
1981 has been forwarded to the State party. No com
ments have been received from the State party in this
respect either.
6.1 The Committee has considered the present com
munication in the light of ah information made
available to it, as provided in article 5 (1) of the Op
tional Protocol. The Committee notes that no submis
sions have been received from the State party in this
case, particularly as to the reasons for refusal for an or
dinary passport or the reasons for the offer of only a
restricted travel document.
6.2 The Committee decides to base its views on the
fohowing facts that can be deduced from the author's
submissions which also include official documents
issued by the Uruguayan authorities in the case: Sophie
Vidal Martins, a Uruguayan citizen residing at present
in Mexico, and holder of a passport issued in 1971 in
Sweden with a 10 years' vahdity upon condition that its
vahdity be confirmed after five years, was refused such
confirmation by the Uruguayan authorities without ex
planation several times between 1975 and 1977. In 1978
the author then applied for a new passport at the
Uruguayan consulate in Mexico. According to the
author, issuance of a passport is subject to the approval
of the Ministry of Defence and the Ministry of the In
terior. Two months after her apphcation, Sophie Vidal
Martins was informed that the Ministry of the Interior
had refused to approve the issue to her of a new
passport. She then appealed against this decision which
later was officially reconfirmed by the Uruguayan
Foreign Ministry without any reasons given. The author
was offered a document which would have entitled her
to travel to Uruguay, but not to leave the country again.
The author declined this offer for reasons of personal
security.
6.3 After the death of her mother in Uruguay in
December 1979 when the legal questions concerning an
inheritance arose between the author and her brother
who is a resident of Uruguay, Sophie Vidal Martins was
unable in the circumstances described above to go to
Uruguay to settle these questions herself, but authorized
a Mexican notary, Luis del Valle Prieto, to act on her
behalf. As is necessary in such cases, the signature of the
notary had to be certified by the Uruguayan consul in
Mexico. The consul, however, refused without reason to
certify Mr. del Valle's signature, although Mrs. Martins
requested him to do so in conformity with
(i) Uruguayan legislation (Act No. 14,534 of 24 June
1976) and (ii) a treaty between Uruguay and Mexico
which was ratified by the current Government Council
of Uruguay. The inheritance settlement thus continues
to remain unresolved, to the author's detriment and the
detriment of her brother.
7. The Human Rights Committee has examined, ex
officio, whether the fact that Sophie Vidal Martins
resides abroad affects the competence of the Committee
to receive and consider the communication under ar
ticle 1 of the Optional Protocol, taking into account the
provisions of article 2 (1) of the Covenant. Article 1 of
the Optional Protocol apphes to individuals subject to
the jurisdiction of the State concerned who claim to be
victims of a violation by that State of any of the Cov
enant rights. The issue of a passport to a Uruguayan
citizen is clearly a matter within the jurisdiction of the
Uruguayan authorities and he is "subject to the jurisdic
tion" of Uruguay for that purpose. Moreover, a
passport is a means of enabhng him " t o leave any coun
try, including his own", as required by article 12 (2) of
the Covenant. It therefore follows from the very nature
of the right that, in the case of a citizen resident abroad
it imposes obligations both on the State of residence and
on the State of nationality. Consequently, article 2 (1)
of the Covenant cannot be interpreted as hmiting the
obhgations of Uruguay under article 12 (2) to citizens
within its own territory.
8. As to the allegations made by the author with
regard to a breach of article 19 of the Covenant, they
are in such general terms and seem to be of such se
condary nature in the case that the Committee makes no
finding in regard to them.
9. 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 the facts as found by it, in so far as they have
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