DECISIONS DECLARING A COMMUNICATION ADMISSIBLE
SIXTH SESSION
Communication No. 31/1978
Submitted by: Guillermo Waksman on 25 May 1978
Alleged victim: The author
State party: Uruguay
Date of decision on admissibility: 24 April 1979 (sixth session)
Passport renewal—Journalist—Refugee—Freedom
movement—Freedom of expression
Articles of Covenant: 12 and 19
of
The author of the communication, dated 25 May
1978, is a 33-year-old Uruguayan citizen, journalist and
translator, who was residing in Switzerland at the time
of submission of the communication. He submits the
communication on his own behalf.
The author states that from 1965 to 1972 he was an
official in the judicial system in Uruguay, during which
time he also worked as a journalist for three Uruguayan
periodicals, subsequently banned by the military
Government. In 1972, he left Uruguay for Chile, where
he worked for a journal that supported the Government
of Salvador Allende. He sought asylum in the Embassy
of Argentina in September 1973, following the coup
d'état in Chile, and travelled to Switzerland where he
was later (18 April 1978) granted refugee status. On 27
September 1977, the author claims to have submitted an
application for renewal of his Uruguayan passport at
the Consulate in Geneva, and states that he was subse
quently informed that, after consultation with the
Uruguayan Government, the Consulate was not
authorized to renew his passport. He states in this con
nection that he was never been declared "wanted",
arrested or charged with any offence in Uruguay, and
that he has never belonged to a political party.
The author alleges that the State party has refused
to renew his passport, in order to punish him for the
opinions which he holds and has expressed concerning
alleged violations of human rights in Uruguay. He
maintains that this constitutes a violation of articles 12
(2) and 19 of the International Covenant on Civil and
Political Rights.
The author claims that under article 12 (2) of the
Covenant, the Government of Uruguay is obliged to
respect not only his right to leave Uruguay, but also his
right to leave any country. To that effect, he maintains,
Uruguayan authorities are obliged to furnish him with a
passport, without which his right to leave and enter a
country may become more or less meaningless. The
author further claims that by refusing to renew his
passport, Uruguayan authorities have restricted his
ability to cross frontiers in the course of seeking, receiv
ing and imparting information and.ideas, in violation of
article 19 of the Covenant. He states that he has not sub
mitted the matter under any other international pro
cedure.
Under rule 91 of the provisional rules of procedure of
the Committee, the communication was transmitted to
the State party on 28 September 1978, with the request
that the State party submit, by 9 November 1978 at the
latest, information or observations which it might deem
relevant to the question of the admissibility of the com
munication, in particular as regards the fulfilment of
the conditions set out in article 5 (2) (a) and (b) of the
Optional Protocol. No reply has been received from the
State party in this connection.
The Committee finds, on the basis of the information
before it, that it is not precluded by article 5 (2) (a) of
the Optional Protocol from considering the com
munication. The Committee is also unable to conclude
that in the circumstances of his case, there are effective
domestic remedies available to the alleged victim which
he has failed to exhaust. Accordingly, the Committee
finds that the communication is not inadmissible under
article 5 (2) (¿?) of the Optional Protocol.
The Human Rights Committee therefore decides:
1. That the communication is admissible;
2. That, in accordance with article 4 (2) of the Pro
tocol, the State party shall 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;
3. That the State party be informed that the written
explanations or statements submitted by it under article
4 (2) of the Protocol niust primarily relate to the
substance of the matter under consideration, and in par
ticular the specific violations of the Covenant alleged to
have occurred;
4. That any explanations or statements received
from the State party shall be communicated by the
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