mation and observations relevant to the question of
admissibility of the communication;
(b) That the author be requested to furnish informa
tion on his efforts or steps taken to exhaust domestic
remedies and to give details of the facts which constitute
the alleged violations of articles 18 and 19 of the Cov
enant;
(c) That the State party and the author of the com
munication be informed that, as a rule, the Committee
can only consider an alleged violation of human rights
occurring on or after 23 March 1976 (the date of entry
into force of the Covenant and the Protocol for
Uruguay), unless it is an alleged violation which,
although occurring before that date, continues or has
effects which themselves constitute a violation after that
date;
(d) That the State party and the author be informed
that their information and observations should reach
the Human Rights Committee, in care of the Division of
Human Rights, United Nations Office at Geneva,
within six weeks of the date of the request;
(e) That the Secretary-General transmit any informa
tion or observations received to the other party as soon
as possible to enable the other party to comment
thereon if it so wishes. Any such comments should reach
the Human Rights Committee, in care of the Division of
Human Rights, United Nations Office at Geneva,
within four weeks of the date of the transmittal.
THIRD SESSION
Communication No. 4/1977
Submitted by: William Torres Ramirez on 13 February 1977
Alleged victim: The author
State party: Uruguay
Date of decision: 26 January 1978 (third session)
Request to author for information on submission of
same matter to the Inter-American Commission on
Human Rights (lACHR)—Request to State party on
remedies available to alleged victim
Article of Optional Protocol: 5 (2) (a) and (b)
The Human Rights Committee decides:
(a) That the author be informed
(i) That the Committee understands that a case con
cerning him (Case No. 2109, October 1976) has
been submitted to and declared admissible by the
Inter-American Commission on Human Rights
under the special procedure governed by articles
53 to 57 of its Regulations,
(ii) That the Committee is precluded by article 5 (2)
(a) of the Optional Protocol from considering a
communication if the same matter is being ex
amined under another procedure of international
investigation or settlement. If the author main
tains that the matter which he has submitted to
the Human Rights Committee is not the same
matter which is under consideration by the InterAmerican Commission on Human Rights, he
should inform the Committee of his grounds for
so maintaining and furnish the Committee with
any other information in his possession relating
to the submission of the case to and its examina
tion by the Inter-American Commission on
Human Rights. In the absence of any further in
formation pertinent to this question, the Commit
tee may have to conclude that case No. 2109
before the Inter-American Commission on
Human Rights and the communication submitted
under the Optional Protocol concern the same
matter.
Ф) That the State party be informed that, in the
absence of more specific information concerning the
domestic remedies said to be available to the author,
and the effectiveness of those remedies as enforced by
the competent authorities in Uruguay, the Committee is
unable to accept that he has failed to exhaust such
remedies. The communication will therefore not be con
sidered inadmissible in so far as exhaustion of domestic
remedies is concerned, unless the State party gives
details of the remedies which it submits have been
available to the author in the circumstances of his case,
together with evidence that there would be a reasonable
prospect that such remedies would be effective;
(c) That the State party and the author be informed
that any additional information which they may wish to
submit in this connection should reach the Human
Rights Committee, in care of the Division of Human
Rights, United Nations Office at Geneva, within six
weeks of the date of the present communication ad
dressed to them;
{d) That the Secretary-General transmit any informa
tion or observations received to the other party as soon
as possible to enable the other party to comment
thereon if it so wishes. Any such comments should reach
the Human Rights Committee, in care of the Division of
Human Rights, United Nations Office at Geneva,
within four weeks of the date of the transmittal;
(e) That the text of this decision be communicated to
the State party and the author.