treatment (lack of food and clothing) and torture
(beatings, "plantones") and that over a period of six
months they were allowed to leave their cells for 15
minutes of recreation only eight times. In La Paloma he
was again forced to sign a written declaration that he
had not been mistreated and subjected to torture.
The author states that in February 1976 he was
brought before a military judge for interrogation and in
June 1976 he was again brought before the same judge
who ordered his release subject to appearance at a later
stage. He was, however, still kept in detention. He
claims that he never had any legal assistance, that he
was never tried as no charges were brought against him,
and that he was informed by the court that, if he made
any change to his previous written statements, he would
be tried for perjury which was an offence punishable by
imprisonment for a period of from three months to
eight years.
He further alleges that on 1 July 1976 he was trans
ferred to disciplinary block " B " in another sector of La
Paloma where there were nine cells, the largest measur
ing 1.2 by 2 metres with two prisoners in each cell.
such remedies and the communication would therefore
not be considered inadmissible in so far as exhaustion of
domestic remedies was concerned, unless the State party
gave details of the remedies which it submitted had 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.
6. By letter dated 5 April 1978 Mr. Torres Ramirez
informed the Committee that his case had been
withdrawn from consideration by the Inter-American
Commission on Human Rights.
7. By letter dated 14 April 1978 the State party sub
mitted information which consisted of a general descrip
tion of the rights available to accused persons in the
military criminal tribunals and of the domestic remedies
at their disposal as means of protecting and safeguard
ing their rights under the Uruguayan judicial system.
However, it did not specify which remedies were
available to the author in the particular circumstances
of his case.
8. By letter dated 20 May 1978 Mr. Torres Ramirez
submitted that the remedies listed by the State party
were not applicable in his case because he had not been
put on trial and he was barred from recourse to habeas
corpus because he was detained under the "prompt
security measures". He pointed out that none of the
other remedies listed by the State party could have been
utihzed in the situation.
He states that on 6 August 1976 he was released and
one month later he obtained political asylum in Mexico.
Mr. Torres Ramirez claims that the way he was
treated during his detention virtually excluded any
possibility of his having recourse to a legal counsel.
With regard to the exhaustion of domestic remedies he
comments that the only decision which the court made
in his case was the one ordering his release; conse
quently he states that recourse to habeas corpus was not
apphcable to his case, since he was detained under the
"prompt security measures".
9. On 25 July 1978, the Human Rights Committee,
(a) Having concluded that article 5 (2) (a) of the Pro
tocol did not preclude it from declaring the communica
tion admissible, although the sarne matter had been sub
mitted to another procedure of international investi
gation or settlement, if the matter had been withdrawn
from and was no longer under active consideration in
the other body at the time of the Committee's decision
on admissibiHty,
Ф) Having concluded that article 5 (2) ф) of the Pro
tocol did not preclude it from considering a communica
tion received under the Protocol where the allegations
themselves raise issues concerning the availability or
effectiveness of domestic remedies and the State party,
when expressly requested to do so by the Committee,
did not provide details on the availability and effec
tiveness of domestic remedies in the particular case
under consideration.
Finally, Mr. Torres Ramirez states that he did not
receive any compensation after his release.
He submits, therefore, that he was a victim of viola
tions of articles 7, 9 (1), (3) and (5), 10 (1) and (3), 14
(3) Ф), (c), (d), {e) and (g), 18 (1) and (2) and 19 of the
International Covenant on Civil and Pohtical Rights.
3. On 26 August 1977, the Human Rights Commit
tee 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 27 October 1977 the State party
objected to the admissibility of the communication on
two grounds:
(a) The same matter was already being examined by
the Inter-American Commission on Human Rights;
Ф) The alleged victim had not exhausted all available
domestic remedies.
Therefore decided:
{a) That the communication was admissible;
Ф) That the text of this decision be transmitted to the
State party, together with the text of the relevant
documents, and to the author;
(c) That, in accordance with article 4 (2) of the Op
tional Protocol, 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 explanations or
statements clarifying the matter and the remedy, if any,
that may have been taken by it.
5. On 26 January 1978, the Human Rights Commit
tee informed the State party that, in the absence of more
specific information concerning the domestic remedies
said to be available to the author of this communica
tion, and the effectiveness of those remedies as enforced
by the competent authorities in Uruguay, the Commit
tee was unable to accept that he had failed to exhaust
10. On 18 April 1979, the Committee decided to re
mind the State party that the six-month time-limit for
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