APPENDIX Although I agree with the view of the Committee that it could not find that there has not been any violation of article 7 of the Covenant, I also conclude, for the reasons set out in paragraph 11 of the Committee's views, that there has been a violation of article 7 of the Covenant. Individual opinion submitted by a member of tlie Human Rights Committee under rule 94 (3) of the Committee's provisional rules of procedure Communication No. The following members of the Committee associated themselves with the individual opinion submitted by Mr. Tarnopolsky: Mr. Néjib Bouziri, Mr. Abdoulaye Diéye, Mr. Bernhard Graefrath, Mr. Dejan Janea, Mr. Waleed Sadi. 9/1977 Individual opinion appended to the Committee's views at the re­ quest of Mr. Walter Surma Tarnopolsky: NINTH SESSION Communication No. 8/1977 Submitted by: Ana Maria Garcia Lanza de Netto on 20 February 1977, Beatriz Weismann on 28 September 1979 and Alcides Lanza Perdomo on 15 February 1980 Alleged victims: Beatriz Weismann and Alcides Lanza Perdomo State party: Uruguay Date of adoption of views: 3 April 1980 (ninth session) was unconscious all that time. She claimed that as a con­ sequence of the mistreatment received, her uncle's hear­ ing was seriously impaired and that he had difficulties moving about because of injuries which were caused to one hip, probably a fracture. It is submitted that Alcides Lanza Perdomo was later held in the army barracks of the School of Weapons and Services, 14 kilometres along Camino Maldonado, where he was allegedly housed in a railway wagon together with 16 other prisoners, and that he was forced to work in the fields. In respect of her aunt, Beatriz Weismann de Lanza, the initial author submitted that she had been arrested shortly after her husband by army personnel entering her home early one morning and taking her away together with her two small sons, who were handed over some hours later to their grandmother. The author claimed that her aunt's family and friends were unaware of her place of detention until late in 1976. She claimed that her aunt had been in good health until her disap­ pearance in February 1976 but that due to torture in­ flicted upon her, she had no feeling from the waist downwards and could not move without the help of two female prisoners. She stated that Beatriz Weismann de Lanza had nevertheless been obliged to work. Finally, Ana Maria Garcia Lanza de Netto submitted that proceedings had been initiated with regard to her uncle before a military court, but that it was not clear whether her aunt had appeared before a court. These submissions have later been supplemented by the alleged victims, as set out in paragraphs 9, 10 and 11 below. Standing of author to act on behalf of alleged vic­ tims—Submission to lACHR—Same matter—Ex­ haustion of domestic remedies—Review of decision on admissibility—Joinder of subsequent communica­ tion—Arbitrary arrest—Detention incommunicado —Habeas corpus—Access to counsel—Tor­ ture—Delay in proceedings—Fair trial—Continued detention after serving sentence—Freedom of expres­ sion—Right of State party to derogate from Covenant—Burden of proof Articles of Covenant: 4, 7, 9 (1), (3) and (4), 10 (1), 14 (1), (2) and (3) and 19 (2) and (3) Article of Optional Protocol: 5 (2) (a) and (b) Views under article 5 (4) of the Optional Protocol 1. The initial author of this communication. Ana Maria Garcia Lanza de Netto (initial letter dated 20 February 1977) is a Uruguayan national, residing in Mexico. She submitted the communication on behalf of her aunt, Beatriz Weismann de Lanza, a 35-year-old Uruguayan citizen, and her uncle, Alcides Lanza Per­ domo, a 60-year-old Uruguayan citizen and a former trade union leader, alleging that both had been ar­ bitrarily arrested and detained in Uruguay. 2. Ana Maria Garcia Lanza de Netto claimed that her uncle had been arrested early in February 1976 in the streets of Montevideo by the occupants of an army ve­ hicle and that until the end of September 1976 his family was unable to locate him. She alleged that Alcides Lanza Perdomo was detained at various places, includ­ ing the naval air base at Laguna del Sauce in the Department of Maldenado and that during this period of initial detention he had to be admitted to the Central Hospital of the Armed Forces four times, on one occa­ sion almost completely suffocated. She further alleged that there were two months about which her uncle remembers absolutely nothing and that he supposes he 3. On 26 August 1977, the Human Rights Commit­ tee decided to transmit the communication to the State party under rule 91 of the provisional rules of pro­ cedure, requesting information and observations rele­ vant to the question of admissibility. By that same deci­ sion the Committee requested Ana Maria Garcia Lanza 45