cedure, requesting information and observations rele
vant to the question of admissibility. The Committee
also decided to request the author to furnish further in
formation on the grounds and circumstances justifying
his acting on behalf of the other alleged victims men
tioned in the communication. No reply was received
from the author in this regard.
Articles of Optional Protocol: 4 (2) and 5 (2){a) and (b).
Views under article 5 (4) of the Optional Protocol'
1. The author of this communication (initial letter
dated 25 April 1977 and further letter dated 12
December 1978) is a Uruguayan national, residing in
Mexico. He submitted the communication on his own
behalf as well as on behalf of other persons who alleg
edly were not in a position to submit a communication
on their own.
4. By letter dated 27 October 1977, the State party
objected to the admissibility of the communication on
two grounds:
(a) The same matter had already been examined by
the Inter-American Commission on Human Rights
(lACHR);
Ф) The alleged victims had not exhausted all
available domestic remedies.
2. The author claims that on 7 February 1976 he was
arrested by a group of Montevideo pohcemen at the
house of a woman friend, Ofelia Fernández. They were
both brought to Department 5 of the National Direc
torate of Information and Intelligence (commanded by
a superintendent named by the author), where after
several hours of ill-treatment he was interrogated for the
purpose of obtaining an admission that he held an im
portant position in the Communist Party and in order to
induce him to identify fellow detainees as active
members of the Communist Youth.
The author further alleges that over a period of ap
proximately 50 days, he and his fellow detainees were
subjected to severe torture; he cites in his case, inter
alia, the application of electric shocks, the use of the
"submarino" (putting the detainee's hooded head into
foul water), insertion of bottles or barrels of automatic
rifles into his anus and forcing him to remain standing,
hooded and handcuffed and with a piece of wood thrust
into his mouth, for several days and nights. Mr. Grille
Motta specifically names several alleged torturers and
interrogators.
The author states that he was brought before a
military judge without having any opportunity to see a
lawyer beforehand and after having been totally isolated
from the outside world; after making a statement before
the Mihtary Court he was transferred to the "Cihndro
Municipal", a sports stadium that had been turned into
a prison some years ago, where he remained for approx
imately another two months.
Mr. Alberto Grille Motta claims that on 20 May 1976
he was tried by a mihtary judge on charges carrying
sentences of from 8 to 24 years' imprisonment.
On 3 June 1976 the author and three of his fellow
prisoners escaped to the Venezuelan embassy where they
were granted "diplomatic" asylum.
Mr. Alberto Grille Motta claims that he has not sub
mitted this case to any other international instance and
that he has exhausted all possible domestic remedies,
citing in this connection the dismissal by the Supreme
Court of Justice of Uruguay of his appeal against cer
tain decisions of the Mihtary Court.
5. On 1 February 1978 the Human Rights Commit
tee,
(a) Having ascertained that the case concerning the
author of the communication which was before lACHR
could not concern the same matter as it was submitted
to lACHR on 10 March 1976 (prior to the entry into
force of the International Covenant on Civil and
Political Rights and the Optional Protocol for
Uruguay),
Ф) Being unable to conclude on the basis of the in
formation before it that, with regard to the exhaustion
of domestic remedies, there were any remedies which
the alleged victim should or could have pursued,
(c) Being unable because of the lack of relevant addi
tional information from the author, to consider the
communication in so far as it related to other alleged
victims.
Therefore decided:
(fl) That the communication was admissible in so far
as it related to the author, but inadmissible in so far as it
related to other alleged victims;
Ф) That the text of the decision be transmitted to the
State party, together with the text of the relevant
documents, and to the author;
(c) That, in accordance with article 4 of the Protocol,
the State party be requested to submit to the Commit
tee, within six months of the date of the transmittal to it
of the decision, written explanations or statements clari
fying the matter and the remedy, if any, that may have
been taken by it.
With regard to the exhaustion of domestic remedies,
the Committee said that its decision "may be reviewed
in the light of any further explanations which the State
party may submit giving details of any domestic
remedies which it claims to have been available to the
author in the circumstances of his case, together with
evidence that there would be a reasonable prospect that
such remedies would be effective".
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-
6. After expiry of the six-month time-limit the State
party submitted its explanations, dated 6 November
1978, which consisted of a "Description of the rights
available to the accused in the military criminal
tribunals and of the domestic remedies at his disposal as
' The text of an individual opinion submitted by a Committee
member is appended to these views.
55
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