arm paralysed, leg injuries and infected eyes) and
substantial loss of weight.
15. The Human Rights Committee is aware that
under the legislation of many countries criminal of
fenders may be deprived of certain pohtical rights. Ac
cordingly, article 25 of the Covenant only prohibits
"unreasonable" restrictions. In no case, however, may
a person be subjected to such sanctions solely because of
his or her political opinion (arts. 2 (1) and 26). Further
more, in the circumstances of the present case there is
no justification for such a deprivation of ah political
rights for a period of 15 years.
Ismael Weinberger was first brought before a judge
and charged on 16 December 1976, almost 10 months
after his arrest. On 14 August 1979, three and a half
years after his arrest, he was sentenced to eight years of
imprisonment by the Military judge of the Court of
First Instance for "subversive association" (art. 60 (V)
of the Military Penal Code) with aggravating cir
cumstances of conspiracy against the Constitution. The
concrete factual basis of this offence has not been ex
plained by the Government of Uruguay, although the
author of the communication claims that the true
reasons were that his brother had contributed informa
tion on trade-union activities to a newspaper opposed to
the Government and his membership in a political party
which had lawfully existed while the membership lasted.
The Committee further notes in this connection that the
State party did not comply with the Committee's re
quest to enclose copies of any court orders or decisions
of relevance to the matter under consideration. Ismael
Weinberger was not granted the assistance of counsel
during the first 10 months of his detention. Neither the
alleged victim nor his counsel had the right to be present
at the trial, the proceedings being conducted in writing.
The judgement handed down against him was not made
public.
16. The Human Rights Committee acting under ar
ticle 5 (4) of the Optional Protocol to the International
Covenant on Civil and Political Rights is of the view
that these facts, in so far as they have occurred after 23
March 1976 (the date on which the Covenant entered in
to force in respect of Uruguay), disclose violations of
the Covenant, in particular of:
Articles 7 and 10 (1), because of the severe treatment
which Ismael Weinberger received during the first 10
months of his detention;
Article 9 (3), because he was not brought promptly
before a judge or other officer authorized by law to
exercise judicial power and because he was not tried
within a reasonable time;
Article 9 (4), because recourse to habeas corpus was not
available to him;
Article 14 (1), because he had no fair and public hearing
and because the judgement rendered against him was
not made public;
Article 14 (3), because he did not have access to legal
assistance during the first 10 months of his detention
and was not tried in his presence;
Article 15 (1), because the penal law was applied
retroactively against him;
Article 19 (2), because he was detained for having
disseminated information relating to trade-union ac
tivities;
Article 25, because he is barred from taking part in the
conduct of public affairs and from being elected for
15 years in accordance with Acta Institucional No. 4
of 1 September 1976.
17. The Committee, accordingly, is of the view that
the State party is under an obligation to provide the vic
tim with effective remedies, including his immediate
release and compensation for the violations which he
has suffered and to take steps to ensure that similar
violations do not occur in the future.
Pursuant to Acta Institucional No. 4 of 1 September
1976, Ismael Weinberger is deprived of the right to
engage in political activities for 15 years.
13. As regards the treatment to which Ismael
Weinberger has been subjected, the Committee notes
that the State party did not at all comment thereon in its
submission of 10 July 1980.
14. The Human Rights Committee has considered
whether acts and treatment, which are prima facie not in
conformity with the Covenant, could for any reasons be
justified under the Covenant in the circumstances. The
Government has referred to provisions of Uruguayan
law, including the "prompt security measures". The
Covenant (art. 4) allows national measures derogating
from some of its provisions only in strictly defined cir
cumstances, and the Government has not made any sub
missions of fact or law to justify such derogation.
Moreover, some of the facts referred to above raise
issues under provisions from which the Covenant does
not allow any derogation under any circumstances.
60
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