Uruguay of the Covenant and the Optional Protocol
(23 March 1976);
(c) That domestic remedies had not been exhausted
(the State party enclosed an annex listing the domestic
remedies in the Uruguayan legal system).
9. In his submission dated 18 August 1980, under
rule 93 (3) of the provisional rules of procedure, the
author comments upon the State party's reply of 10 July
1980.
With regard to the exhaustion of domestic remedies,
the author reiterates that they are in practice in
operative. In substantiation of this allegation he repeats
the dates relating to his brother's arrest (25 February
1976), the day the Government alcnowledged that arrest
(June 1976), the day charges were brought against him
(16 December 1976), the day the indictment was pro
nounced (September 1978), and the day he was sen
tenced by a Military Court of First Instance (14 August
1979). The author points out that these dates and the
fact that no final judgement has been pronounced in his
brother's case more than four and a half years after his
arrest prove that domestic remedies are not operating
normally in Uruguay.
6. In a decision adopted on 24 April 1979, the
Human Rights Committee concluded:
(a) That it was not barred from considering the case
after having ascertained that case No. 2134, concerning
the alleged victim, was no longer under consideration by
the Inter-American Commission on Human Rights;
Ф) That it was not barred from considering the case
although the arrest of the alleged victim preceded the
date of the entry into force for Uruguay of the Cov
enant and the Optional Protocol, since the aUeged viola
tions continued after that date;
(c) That, with regard to the exhaustion of domestic
remedies, on the basis of the information before it,
there were no further remedies which the alleged victim
could have pursued;
The Committee therefore decided:
(a) That the communication was admissible;
Ф) That, in accordance with article 4 (2) of the Pro
tocol, the State party be requested to submit to the
Committee, within six months of the date of the
transmittal to it of this decision, written observations or
explanations concerning the substance of the matter
under consideration and in particular on the specific
violations of the Covenant alleged to have occurred.
The State party was requested, in this connection, to
enclose copies of any court orders or decisions of
relevance to the matter under consideration;
(c) That this decision be communicated to the State
party and to the author of the communication.
As regards the merits of the case, the author submits
that the State party should have explained and specified
in what subversive activities Ismael Weinberger has been
involved. In substantiation of that allegation the State
party should have comphed with the request of the
Human Rights Committee to "enclose copies of any
court orders or decisions of relevance to the matter
under consideration".
10. The Committee has considered the present com
munication in the light of aU information made
available to it by the parties as provided in article 5(1)
of the Optional Protocol.
11. With regard to the exhaustion of domestic
remedies, the Committee has been informed by the
Government of Uruguay in another case (No. 9/1977)
that the remedy of habeas corpus is not applicable to
persons arrested under "prompt security measures".
The author as well as the State party have stated that an
appeal was lodged on behalf of Ismael Weinberger with
the Supreme Military Court on 19 August 1979. Up to
date no final judgement has been rendered in the case of
Ismael Weinberger, more than four and a half years
after his arrest on 25 February 1976. The Committee
concludes that in accordance with article 5 (2) ф) of the
Optional Protocol, it is not barred from considering the
case, as the application of the remedy is unreasonably
prolonged.
7. The six-month time-limit referred to in the
Committee's decision expired on 25 November 1979. By
a note dated 10 July 1980, the State party submitted its
written explanations under article 4 (2) of the Optional
Protocol.
8. In this submission the State party repeats the
views expressed in its earlier note of 29 December 1978
as to the non-exhaustion of domestic remedies. The
State party points out that the fact that Mr. Weinberger
has not exhausted the available domestic remedies is
proved by the appeal against the judgement of the court
of first instance which the defence lodged with the
Supreme Military Court on 19 August 1979 and which
was brought before that Court on 29 September 1979.
As far as the merits of the case are concerned, the
State party submits that Ismael Weinberger was not ar
rested because of his political beliefs or ideas or his
trade-union membership, but for having participated
directly in subversive activities.
The State party further contests the allegation that
Ismael Weinberger has not been afforded legal
assistance. The State party submits that he had at all
times access to the help of a defence lawyer of his choos
ing. Dr. Moisés Sarganas.
12. The Committee therefore decides to base its
views on the following facts which have either been
essentiaUy confirmed by the State party or are un
contested except for denials of a general character offer
ing no particular information or explanation: Ismael
Weinberger Weisz was arrested at his home in
Montevideo, Uruguay, on 25 February 1976 without
any warrant of arrest. He was held incommunicado at
the prison of "La Paloma" in Montevideo for more
than 100 days and could be visited by family members
only 10 months after his arrest. During this period, he
was most of the time kept blindfolded with his hands
tied together. As a result of the treatment received dur
ing detention, he suffered serious physical injuries (one
59
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