Article 9 (3), because Luis Tourón was not brought
promptly before a judge or other officer authorized
to exercise judicial power;
Article 9 (4), because habeas corpus was not available to
him;
Article 14 (1), because he had no 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 seven months of his deten
tion and was not tried in his presence.
13. The Committee, accordingly, is of the view that
the State party is under an obligation to provide the vic
tim with effective remedies, including compensation,
for the violations he has suffered and to take steps to en
sure that similar violations do not occur in the future.
.Communication No. 33/1978
Submitted by: Leopoldo Buffo Carballal on 30 May 1978
Alleged victim: The author
State party: Uruguay
Date of adoption of views: 21 March 1981 (twelfth session)
Detention
incommunicado—Access
to
counse/—Habeas corx>\xi.—Torture—Delays in pro
ceedings—Detention despite release order—Exten
sion of time for State party's observations—Deroga
tion from Covenant—Burden of proof
soup in the morning and another at night. They would not allow our
relatives to bring us food or medicine. I suffered from chronic diar
rhoea and frequent colds.
2.4 On 5 May 1976 he appeared before a military
court, and on 28 July 1976 he was brought before the
court again to be notified that his release had been
ordered.
2.5 In spite of the order for his release, he was still
detained at the Fifth Artillery barracks under the
régime of "prompt security measures" until 26 January
1977. He was, however, forbidden to leave Montevideo
and ordered to report to the authorities every 15 days.
He gained asylum in the Embassy of Mexico in
Montevideo on 4 March 1977 with his wife and children.
At the time his home was plundered and his belongings
were taken away.
2.6 The author claims that during his detention he
was effectively barred from any recourse, not only
because he had no access to the outside world while he
was held incommunicado (until 28 July 1976) but also,
from then on, because of the interpretation given by the
Uruguayan authorities to the relevant provision of the
Constitution in respect of detention under "prompt
security measures". He states that he was never charged
with any offence under the law and alleges that the sole
reason for the injustices inflicted upon him was his
political opinions, the nature of which, however, he
fails to specify.
2.7 He states that he did not receive any compensa
tion after his release.
2.8 He submits that he was a victim of violations of
articles 7, 9 (1, 2, 3, 4, 5), 10 (1 and 3), 12, 17 and 19 (1)
of the International Covenant on Civil and Political
Rights.
Articles of Covenant: 7, 9 (1). (2) and (4), 10 (1), 14 (3)
and 19
Article of Optional Protocol: 4 (2)
Views under article 5 (4) of the Optional Protocol
1. The author of this communication, dated 30 May
1978, is Leopoldo Buffo CarbaUal, a 36-year-old
Uruguayan national, residing in Mexico. He submitted
the communication on his own behalf.
2.1 The author states the following:
2.2 Upon arriving in Argentina on 4 January 1976
(by legally crossing the border between Uruguay and
Argentina), he was arrested without a warrant of arrest
and handed over to members of the Uruguayan Navy,
who took him back to the city of Paysandú, Uruguay.
He was not informed of why he had been deprived of his
liberty. A few days later he was transferred to
Montevideo.
2.3 During the first period of detention, until 12
February 1976, he was repeatedly subjected to torture
(blows, hanging from his hands and forced to stand
motionless—"plantón"—for long periods). On 12
February 1976, after having been forced to sign a state
ment to the effect that he had suffered no abuses, he
was transferred to the mihtary barracks of the Fifth Ar
tillery. From there, he was taken to a large truck garage.
The author describes the events as follows:
They moved us all to a large truck garage with a concrete roof and
two big doors that were open summer and winter. We slept on the
floor, which was covered with oil and grease. We had neither mattress
nor blankets. For the first time since 1 was detained, 1 was allowed to
take a bath, ahhough I had to put on the same clothes, soiled by my
own vomit, blood and excrement. When I took off the bhndfold
I became dizzy. Later on, my family was allowed to send me a mat
tress. In this dungeon I remained incommunicado, sitting on the
rolled-up mattress during the day, blindfolded and with my hands
bound. We were allowed to sleep at night. The only food was a cup of
3. On 28 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.
4. By letter dated 29 December 1978, the State party
argued that the alleged violation took place on
63
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