concerned requesting information and observations
relevant to the question of admissibility of the com
munication, as well as information concerning the state
of health of the alleged victim.
3. By a note dated 27 October 1977, the State party
objected to the admissibility of the communication on
two grounds: (a) that the same matter was already being
examined by the Inter-American Commission on
Human Rights (lACHR) as case No. 2112 and (6) that
the alleged victim had not exhausted all available
domestic remedies.
4. By a further decision of 26 January 1978 the
Committee:
(a) Informed the authors of the communication of
the State party's objection on the ground that a case
concerning their father was already under examination
by lACHR, as case No. 2112, and solicited their com
ments thereon;
(b) Informed the State party that, in the absence of
more specific information concerning the domestic
remedies said to be available to the author of this com
munication and the effectiveness of those remedies as
enforced by the competent authorities in Uruguay, the
Committee was unable to accept that he had failed to
exhaust such remedies and the communication would
therefore not be considered inadmissible in so far as ex
haustion of domestic remedies was concerned, unless
the State party gave details of the remedies which it sub
mitted had been available to the author in the cir
cumstances of his case, together with evidence that there
would be a reasonable prospect that such remedies
would be effective;
(c) Expressed concern over the fact that the State
party had, so far, furnished no information on Alberto
Akesor's state of heahh, urged the State party as a mat
ter of urgency to arrange for him to be examined by a
competent medical board and requested the State party
to furnish it with a copy of the board's report.
any kind of task involving physical effort, that he was
given a diet suitable for the disease and was under
medical supervision, that the conditions under which
Altesor was detained were governed by the rules of the
prison estabhshment which are generally applicable to
all ordinary offenders and which make adequate provi
sion for recreation, visits, correspondence, etc.; that a
panel of doctors had been asked to examine Alberto
Altesor and that the opinion of this panel of doctors was
going to be communicated to the Committee in due
course. The medical report was received on 5 October
1979 and transmitted to the authors of the communica
tion for information.
6. Further proceedings before the Human Rights
Committee were considerably delayed owing, first, to
the authors' repeated efforts to conceal the fact that
they were indeed also the authors of case No. 2112
before lACHR and, thereafter, by their statements,
which could not be confirmed, that they had withdrawn
case No. 2112 from consideration by lACHR. Finally,
on 10 June 1980, the authors furnished the Human
Rights Committee with a copy of their withdrawal re
quest by the secretariat of lACHR. The Committee has
however ascertained that the case concerning Alberto
Altesor continues to be pursued by lACHR, on the basis
of a new complaint from an unrelated third party, sub
mitted to lACHR in March 1979.
7.1 For the determination of admissibility of the
communication which the Committee had before it, the
following facts were established:
(a) Ahce and Victor Hugo Altesor submitted their
father's case to lACHR in October 1976;
(¿7) They submitted their father's case to the Human
Rights Committee on 10 March 1977;
(c) In March 1979, an unrelated third party com
plained to lACHR about the situation of Alberto
Altesor;
(d) By letter of 6 May 1980, Alice and Victor Hugo
Ahesor withdrew their submission from consideration
by lACHR.
5.1 By a note dated 14 April 1978, the State party
reiterated that the same matter was before lACHR and
it submitted information which consisted of a general
description of the rights available to the accused persons
in the military criminal tribunals and of the domestic
remedies at their disposal as means of protecting and
safeguarding their rights under the Uruguayan judicial
system. The State party also stated the following con
cerning Alberto Altesor:
7.2 The Committee concluded that it was not
prevented from considering the communication submit
ted to it by the authors on 10 March 1977 by reason of
the subsequent complaint made by an unrelated third
party under the procedures of lACHR. Accordingly the
Committee found that the communication was not inad
missible under article 5 (2) (a) of the Optional Protocol.
He was a member of the Executive Committee of the Communist
Party and was responsible for the so-called fourth section of the pro
hibited Communist Party, i.e. the infiltration of the armed forces. He
was arrested owing to his connection with the clandestine and subver
sive activity of the said unlawful organization on 21 October 1975 and
placed in custody under the prompt security measures. Subsequently
he was brought before the military examining judge of the first circuit;
on 24 September 1976 the judge ordered him to be placed on trial,
charged with the offence referred to in article 60 (V) of the Military
Criminal Code concerning subversive associations.
7.3 With regard to the exhaustion of local remedies,
the Committee was unable to conclude, on the basis of
the information before it that there were remedies
available to the aheged victim which he should have pur
sued. Accordingly, the Committee found that the com
munication was not inadmissible under article (5) (2) (b)
of the Optional Protocol.
8. The Human Rights Committee therefore decided
on 29 October 1980:
(1) That the communication was admissible, and
that the authors were justified in acting on behalf of
their father;
5.2 Concerning the state of health of Alberto
Altesor, the State party submitted that Alberto Altesor
González underwent surgery on 26 December 1974 for a
slight aortic stenosis, that he was entirely exempt from
106
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