counsel after approximately 10 months of detention.
Finally, the author alleges that the judgement against
his brother was not made public.
The author also alleges that pursuant to Acta Insti
tucional No. 4 of 1 September 1976, (arts. I (o), ф) and
2 (a))' his brother is now deprived of the right to engage
in political activities for 15 years.
Articles of Optional Protocol: 5 (2) (a) and (b)
Views under article 5 (4) of the Optional Protocol
1. The author of this communication (initial letter
dated 8 May 1978 and subsequent letters dated 16 June
1978, 11 February 1979 and 18 August 1980) is a
Uruguayan citizen residing in Mexico. He submitted the
communication on behalf of his brother, Ismael
Weinberger, a journalist at present detained in
Uruguay.
3. The author further claims that in practice
domestic remedies do not exist in Uruguay. With regard
to the recourse of habeas corpus, the authorities main
tain that it is not applicable to the cases of persons de
tained under "prompt security measures", while an ap
peal against a sentence to a higher tribunal is in practice
ineffective.
The author aUeges that articles 2, 3, 7, 9, 10, 12, 14,
15, 25 and 26 of the International Covenant on Civil
and Political Rights have been violated. He states in his
letter of 16 June 1978 that the Inter-American Commis
sion on Human Rights took note of his brother's case
and, after having requested a report on it from the
Government of Uruguay, decided to take no further ac
tion in the matter and to file it (case No. 2134).
2. The author alleges the following: His brother was
arrested in the presence of his relatives at his home in
Montevideo, Uruguay, on 25 February 1976, without
any warrant of arrest. He was held incommunicado for
nearly 10 months, while Uruguayan authorities denied
his detention for more than 100 days. Only in June 1976
did his name appear on a list of detained persons, but
still his family was not informed about his place of
detention, the prison of "La Paloma" in Montevideo.
During this period of 10 months, he suffered severe tor
ture, and was most of the time kept blindfolded with his
hands tied together. In addition, like all other prisoners,
he was forced to remain every day during 14 hours sit
ting on a mattress. He was not allowed to move around,
nor to work or read. Food was scarce (a piece of bread
and thin soup twice a day without any meat). When his
family was allowed to visit him after 10 months, serious
bodily harm (one arm paralysed, leg injuries, infected
eyes) could be seen. He had lost 25 kgs and showed signs
of application of hallucinogenic substances. At the end
of 1976 or early 1977, he was transferred to the prison
of "Libertad" in the Province of San José, where he
received better treatment.
4. On 26 July 1978, the Human Rights Committee
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.
5. By a note dated 29 December 1978, the State
party objected to the admissibility of the communica
tion on three grounds:
(a) That the case had been considered by the InterAmerican Commission on Human Rights (No. 2134)
which had decided to shelve it when the complaint had
been withdrawn by its author;
Ф) That the date of the alleged violation of human
rights (Ismael Weinberger was arrested on 18 January
1976) preceded the date of the entry into force for
The author further states that Ismael Weinberger was
brought before a military judge on 16 December 1976
and charged with having committed offences under ar
ticle 60 (V) of the Mihtary Penal Code ("subversive
association") with aggravating circumstances of con
spiracy against the Constitution (asociación para delin
quir con el agravante de atentado a la Constitución).
Only then could he avail himself of the assistance of
legal counsel. Characterizing these accusations as a
mere pretext, the author alleges that the real reasons for
his brother's arrest and conviction were his pohtical
opinions, contrary to the official ideology of the present
Government of Uruguay. He asserts that Ismael
Weinberger was prosecuted solely for having con
tributed information on trade union activities to a
newspaper opposed to the Government, i.e., for the ex
ercise of rights expressly guaranteed by the Constitution
of Uruguay to all citizens. Furthermore, he alleges that
to be tried on a charge of "asociación para delinquir"
amounted to prosecution for membership in a political
party which had been perfectly lawful at the time when
Ismael Weinberger was affiliated with it, and which had
been banned only afterwards. In addition, he maintains
that his brother did not have a fair and public hearing,
since the trial of first instance was conducted in writing,
military judges are subordinated to the military hierar
chy and lack the required qualities of impartiality and
independence, and his brother only had the assistance of
' 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,
"DECREES:
' 'Art. 1. The following shall be prohibited, for a term of 15 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
No. 1788/67 of 12 December 1967 and N o . 1026/73 of 26
November 1973;
"(b) All persons who have been tried for crimes against the na
tion.
"Art. 2. The following shall be prohibited, for a term of 15 years,
from engaging in any of the activities of a political nature authorized
by the Constitution of the Republic, except the vote:
"(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 (e), under the same coincidental or joint
slogan or subslogan; [...]"
58
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