be imprisoned under the "prompt security measures".
She mentions in particular the case of Graciela
Baritussio de Lopez Mercado.
2.1 Whh respect to Graciela Baritussio, a 34-yearold Uruguayan national, the author states that she was
informed by the alleged victim's former defence counsel
that she approved the author's acting on her behalf. She
claims that the alleged victim is not in a position to act
on her own behalf since this was not possible for a per
son detained under the prompt security measures. She
further claims that Graciela Baritussio had no defence
counsel at the time of the submission of the communica
tion.
2.2 The Committee subsequently ascertained that
Graciela Baritussio had been released from prison and
hved in Sweden. After being contacted she informed the
Committee that she wished to join as a co-author of the
communication submitted on her behalf by Carmen
Améndola Massiotti. In addition, she furnished the
following information (letter of 29 January 1981,
enclosing a letter from her former defence lawyer,
Mario Deh'Acqua): she was arrested on 3 September
1972, tried by a military judge on 5 February 1973 for
"complicity in a subversive association" and brought in
April 1973 to the Punta de Rieles prison where she
served her two-year prison sentence. On 15 August 1974
she was brought to the same müitary court as before in
order to sign the documents for her provisional release.
She also mentions that she had quahfied legal assistance
from the time of her trial until 15 August 1974, her
defence lawyer being Mario Deh'Acqua. The defence
lawyer adds in his statement that the decision of 15
August 1974, granting her provisional release became
enforceable and final in 1975. Graciela Baritussio con
tinues that she was informed by the prison authorhies
on 3 October 1974 that she would be released, but in
stead she was brought without any explanations to
another military detention centre. There she remained
for another three years. On 6 October 1977 she was
transferred to another military estabhshment in the in
terior of the country, which was being used as a prison
for women detained under the securhy measures. On
8 August 1978 the governor of the establishment in
formed her that she was going to be released. Her
release took place on 12 August 1978. She adds that she
hved during these four years in a state of total insecurhy
in view of the fact that the mihtary authorities could
move her anywhere in the country without any possibil
ity of a legal recourse against these measures. She also
mentions the situation of the relatives of the detainees
who could only obtain evasive rephes from the military
authorities.
confirmed in the statement by the defence lawyer Mario
A. Deh'Acqua (enclosed with Graciela Baritussio's let
ter of 27 January 1981) who adds that once the docu
ment for Graciela Baritussio's provisional release had
been signed and also after the judgement in that respect
had been rendered final and enforceable in 1975, he
made numerous representations to the responsible
military judges. He was informed that if the prison
authorhies did not comply with the court's release
order, the judges could do no more.
3.2 Carmen Améndola Massiotti does not specify
which articles of the International Covenant on Civil
and Political Rights she alleges to have been violated in
her own case, but claims that most of them have been
violated. Regarding Graciela Barhussio, she alleges that
articles 2, 3, 6, 7, 8, 9, 10, 14 and 15 of the Covenant
have been violated. She states that to her knowledge, the
same matter has not been submitted under another pro
cedure of international investigation or settlement.
4. By its decision of 26 July 1978, the Human Rights
Committee, having decided that the author of the com
munication was also justified in acting on behalf of the
second alleged victim, Graciela Baritussio, transmitted
the communication under rule 91 of the provisional
rules of procedure to the State party concerned, re
questing information and observations relevant to the
question of admissibihty of the communication.
5. By a note dated 8 January 1979, the State party
objected to the admissibihty of the communication on
the fohowing grounds: (a) that the date of arrest of
Carmen Améndola Massiotti preceded the entry into
force of the Covenant for Uruguay on 23 March 1976,
(6) that she did not apply for any remedy, and (c) whh
respect to Graciela Baritussio that she did not avail
herself of any of the remedies generally available to per
sons imprisoned in Uruguay.
6. On 24 Aprh 1979, the Human Rights Committee
decided:
(a) That the communication was admissible;
{b) That in accordance with article 4 (2) of the Pro
tocol, the State party be requested to submit to the
Committee, within six months of the date of the
transmittal to it of this decision, written explanations or
statements clarifying the matter and the remedy, if any,
that may have been taken by it;
(c) 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.
3.1 With respect to domestic remedies. Carmen
Améndola Massiotti claims that they do not exist in
Uruguay for persons ^.detained under the "prompt
security measures" as they cannot act on their own
behalf and lawyers cannot act without the risk of being
themselves detained, as happened allegedly to one of
Graciela Baritussio's lawyers. She further claims that
copies of decisions of military tribunals are not made
available to any person. This information was basically
7.1 In its submission under article 4 (2) of the Op
tional Protocol dated 9 October 1980, the State party
informed the Committee, inter alia, that Carmen
Améndola Massiotti had qualified legal assistance at all
times, the defending counsel of her choice being Milton
137
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