Committee urges the State party to grant appropriate compensation to the author. The State party is under an obligation to ensure that similar violations do not occur in the future. 9. The Committee would wish to receive information, within 90 days, on any relevant measures taken by the State party in respect of the Committee's Views. Communication No. 322/1988 Submitted by: Hugo Rodríguez on 23 July 1988 Alleged victim: The author State party: Uruguay Declared admissible: 20 March 1992 (forty-fourth session) Date of adoption of Views: 19 July 1994 (fifty-first session) Subject matter: Claim of denial of redress in the form of investigation of abuses – Punishment of those held responsible and compensation to the victims by an individual allegedly tortured by military authorities – Compatibility of amnesty laws with the obligations of States parties under the Covenant individuals. The author was taken by plainclothes policemen to the headquarters of the secret police (Dirección Nacional de Información e Inteligencia), where he allegedly was kept handcuffed for several hours, tied to a chair and with his head hooded. He was allegedly forced to stand naked, still handcuffed, and buckets of cold water were poured over him. The next day, he allegedly was forced to lie naked on a metal bedframe; his arms and legs were tied to the frame and electric charges were applied (picana eléctrica) to his eyelids, nose and genitals. Another method of ill-treatment consisted in coiling wire around fingers and genitals and applying electric current to the wire (magneto); at the same time, buckets of dirty water were poured over him. Subsequently, he allegedly was suspended by his arms, and electric shocks were applied to his fingers. This treatment continued for a week, after which the author was relocated to another cell; there he remained incomunicado for another week. On 24 June, he was brought before a military judge and indicted on unspecified charges. He remained detained at the "Libertad Prison" until 27 December 1984. Procedural issues: Denial of domestic remedies by State party – Failure to address the issues of the case – Inadmissibility ratione materiae Substantive issues: Torture and ill-treatment – State party’s obligation to investigate violations of the Covenant rights by a previous regime – Right to an effective remedy Articles of the Covenant: 2 (3) and 7 Articles of the Optional Protocol: 3 and 5 (2) (b) 1. The author of the communication is Hugo Rodríguez, a Uruguayan citizen residing in Montevideo. Although he invokes violations by Uruguay of articles 7, 9, 10, 14, 15, 18 and 19 of the International Covenant on Civil and Political Rights, he requests the Human Rights Committee to focus on his allegations under article 7 of the Covenant and on the State party's alleged failure properly to investigate his case, to punish the guilty and to award him appropriate compensation. The author is the husband of Lucía Arzuaga Gilboa, whose communication No. 147/1983 was also considered by the Committee.1 2.2 The author states that during his detention and even thereafter, until the transition from military to civilian rule, no judicial investigation of his case could be initiated. After the re-introduction of constitutional guarantees in March 1985, a formal complaint was filed with the competent authorities. On 27 September 1985, a class action was brought before the Court of First Instance (Juzgado Letrado de Primera Instancia en lo Penal de 4 Turno) denouncing the torture, including that suffered by the author, perpetrated on the premises of the secret police. The judicial investigation was not, however, initiated because of a dispute over the court's jurisdiction, as the military insisted that only military courts could legitimately carry out the investigations. At the end of 1986, the Supreme Court of Uruguay held that the civilian courts were competent, but in the meantime, the Parliament had enacted, on The facts as submitted by the author 2.1 In June 1983, the Uruguayan police arrested the author and his wife, together with several other 1 See Official Records of the General Assembly, Fortyfirst Session, Supplement No. 40 (A/41/40), annex VIII.B, Views adopted during the twenty-sixth session, on 1 November 1985, in which the Committee held that the facts disclosed violations of articles 7 and 10, paragraph 1, of the Covenant. 26