(с) Considering that the State party did not comply with the requirements of article 4 (2) of the Optional Protocol since its submission dated 16 November 1978 did not contain any explanations and statements clarify­ ing the matter, (cO Considering that there has been no response from the State party even after a further extension of six weeks, (e) Considering that the Committee has the obliga­ tion under article 5 (1) of the Optional Protocol, to con­ sider this communication in the light of all written infor­ mation made available to it by the author and the State party. Hereby decides to base its views on the following facts which have not been contradicted by the State party: (i) Luis Maria Bazzano Ambrosini was arrested on 3 April 1975 on the charge of complicity in "assistance to subversive association". Although his arrest had taken place before the coming in­ to force of the International Covenant on Civil and Political Rights and of the Optional Pro­ tocol thereto, on 23 March 1976, his detention without trial continued after that date. After be­ ing detained for one year he was granted condi­ tional release, but this judicial decision was not respected and the prisoner was taken to an unidentified place, where he was confined and held incommunicado until 7 February 1977. On that date he was tried on the charge of "subver­ sive association" and remained imprisoned in conditions seriously detrimental to his health. His lawyer twice attempted to obtain his provi­ sional release, but without success; (iii) Martha Valentini de Massera was arrested on 28 January 1976. In September 1976 she was charged with "assistance to subversive associa­ tion". She was kept in detention and was initially held incommunicado. In November 1976 for the first time a visit was permitted, but thereafter she was again taken to an unknown place of deten­ tion. She was tried by a military court and sentenced to three and a half years imprison­ ment, due to expire on 28 July 1979. 10. 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, disclose violations of the International Covenant on Civil and Political Rights, in particular of: (i) With respect to Luis Maria Bazzano Ambrosini, Article 7 and article 10 (1), because he was detained under conditions seriously detrimental to his health; Article 9 (1), because he was kept in custody in spite of a judicial order of release; Article 9 (3) and article 14 (1), (2) and (3), because he was not brought to trial within a reasonable time and was tried in circumstances in which he was denied the requisite safeguards of fair trial; Article 9 (4), because he was denied any effective remedy to challenge his arrest and detention; Article 10 (1), because he was held incommunicado for months and was denied the right to be visited by any family member; (ii) With respect to José Luis Massera, Article 7 and article 10 (1), because during his detention he was tortured as a result of which he suffered per­ manent physical damage; Article 9 (2), because he was not promptly informed of the charges brought against him; Article 9 (3) and article 14 (1), (2) and (3), because he was not brought to trial within a reasonable time and was tried in circumstances in which he was denied the requisite safeguards of fair trial; Article 9 (4), because he was denied any effective remedy to challenge his arrest and detention; Article 10 (1), because for months he was denied the right to be visited by any family member; Article 25, because of unreasonable restrictions on his political rights; (ii) José Luis Massera, a professor of mathematics and former Deputy to the National Assembly, was arrested in October 1975 and has remained imprisoned since that date. He was denied the remedy of habeas corpus, and another applica­ tion for remedy made to the Commission on Respect for Human Rights of the Council of State went unanswered. On 15 August 1976 he was tried on charges of "subversive association" and remained in prison. As a result of the maltreatment received, he has suffered perma­ nent injury, as evidenced by the fact that one of his legs is several centimetres shorter than the other. In his double quality as former Deputy and as an accused tried for a political offence, he was deprived of all his political rights;' ' Institutional Act N o . 4 of 1 September 1976: [...] The Executive Power, in exercise of the powers conferred on it by the institutionalization of the revolutionary process, "(b) All persons who have been tried for crimes against the nation. "Art. 2. The following shall be prohibited, for a term of fifteen years, from engaging in any of the activities of a political nature authorized by the Constitution of the Republic, except the vote: "DECREES: "(a) All candidates for elective office on the lists for the 1966 and 1971 elections of the Political Organizations which were electorally associated with the organizations mentioned in the preceding article, subparagraph (o), under the same coincidental or joint slogan or subslogan; "Art. 1. The following shall be prohibited, for a term of fifteen years, from engaging in any of the activities of a political 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 N o . 1788/67 of 12 December 1967 and N o . 1026/73 of 26 November 1973; "(b) All persons who have been tried for offences against the Public Administration committed during the exercise of their political functions. [...]" 42