Communication No. 52/1979 Submitted by: Delia Saldias de López on 6 June 1979 Alleged victim: Sergio Rubén López Burgos (author's husband) State party: Uruguay Date of adoption of views: 29 July 1981 (thirteenth session) Gayoso Jauregui, Alicia Cadenas, Monica Soliño, Ariel Soto, Nelson Dean Bermudez, Enrique Rodriguez Larreta). Some of these witnesses describe the arrest of Mr. López Burgos and other Uruguayan refugees at a bar in Buenos Aires on 13 July 1976; on this occasion his lower jaw was allegedly broken by a blow with the butt of a revolver; he and the others were then taken to a house where he was interrogated, physically beaten and tortured. Some of the witnesses could identify several Uruguayan officers: Colonel Ramirez, Major Gavazzo (directly in charge of the torture sessions). Major Manuel Cordero, Major Mario Martinez and Captain Jorge Silveira. The witnesses assert that Mr. López Burgos was kept hanging for hours with his arms behind him, that he was given electric shocks, thrown on the floor, covered with chains that were connected with electric current, kept naked and wet; these tortures allegedly continued for ten days until López Burgos and several others were blindfolded and taken by truck to a military base adjacent to the Buenos Aires airport; they were then flown by an Uruguayan plane to the Base Aérea Militar No. 1, adjacent to the Uruguayan Na­ tional Airport at Carrasco, near Montevideo. Interroga­ tion continued, accompanied by beatings and electric shocks; one witness alleges that in the course of one of these interrogations the fractured jaw of Mr. López Burgos was injured further. The witnesses describe how Mr. López Burgos and 13 others were transported to a chalet on Shangrilá Beach and that all 14 were officially arrested there on 23 October 1976 and that the press was informed that "subversives" had been surprised at the chalet while conspiring. Four of the witnesses further assert that López Burgos and several others were forced under threats to sign false statements which were subse­ quently used in the legal proceedings against them and to refrain from seeking any legal counsel other than Colonel Mario Rodriguez. Another witness adds that all the arrested, including Monica Soliño and Inés Quadros, whose parents are attorneys, were forced to name ex officio defence attorneys. Arrest and abduction from another State—Jurisdiction of State party—UNHCR refugee status—Arbitrary arrest—Detention—Health of victim—Access to counsel—Torture—Confession under duress— Procedural delays—Trade union activities— Freedom of expression—Derogation from Covenant Articles of Covenant: 2 (1), 4, 5 (1), 7, 9 (1) and (3), 12 (3). 14 (3), 19 and 22 Article of Optional Protocol: 1 Views under article 5 (4) of the Optional Protocol' 1. The author of the communication is Deha Saldias de López, a political refugee of Uruguayan nationality residing in Austria. She submits the communication on behalf of her husband, Sergio Rubén López Burgos, a worker and trade-union leader in Uruguay. 2.1 The author states that mainly because of the aheged victim's active participation in the trade union movement, he was subjected to various forms of harass­ ment by the authorities from the beginning of his trade union involvement. Thus, he was arrested in December 1974 and held without charges for four months. In May 1975, shortly after his release and while still subjected to harassment by the authorities, he moved to Argentina. In September 1975 he obtained recognition as a political refugee by the Office of the United Nations High Com­ missioner for Refugees. 2.2 The author claims that on 13 July 1976 her hus­ band was kidnapped in Buenos Aires by members of the "Uruguayan security and intehigence forces" who were aided by Argentine para-military groups, and was secretly detained in Buenos Aires for about two weeks. On 26 July 1976 Mr. López Burgos, together with several other Uruguayan nationals, was ihegally and clandestinely transported to Uruguay, where he was de­ tained incommunicado by the special security forces at a secret prison for three months. During his detention of approximately four months both in Argentina and Uruguay, he was continuously subjected to physical and mental torture and other cruel, inhuman or degrading treatment. 2.3 The author asserts that her husband was sub­ jected to torture and ill-treatment as a consequence of which he suffered a broken jawbone and perforation of the eardrums. In substantiation of her allegations the author furnishes detailed testimony submitted by six exdetainees who were held, together with Mr. López Burgos, in some of the secret detention places in Argen­ tina and Uruguay, and who were later released (Cecilia 2.4 The author further states that her husband was transferred from the secret prison and held "at the disposition of military justice", first at a military hospital where for several months he had to undergo treatment because of the physical and mental effects of the torture applied to him prior to his "official" arrest, and subsequently at Libertad prison in San José. After a delay of 14 months his trial started in April 1978. At the time of writing, Mr. López Burgos was stih waiting for final judgement to be passed by the military court. The author adds in this connection that her husband was also denied the right to have legal defence counsel of his own choice. A military ex officio counsel was appointed by the authorides. ' The text of an individual opinion submitted by a Committee member is appended to these views. 88