"Article 7 should be read in conjunction with article 2, paragraph 3 .... The right to lodge complaints against maltreatment prohibited by article 7 must be recognized in the domestic law. Complaints must be investigated promptly and impartially by competent authorities so as to make the remedy effective .... responsibility to provide effective remedies to the victims of those abuses. Moreover, the Committee is concerned that, in adopting this law, the State party has contributed to an atmosphere of impunity which may undermine the democratic order and give rise to further grave human rights violations.5 "The Committee has noted that some States have granted amnesty in respect of acts of torture. Amnesties are generally incompatible with the duty of States to investigate such acts; to guarantee freedom from such acts within their jurisdiction; and to ensure that they do not occur in the future. States may not deprive individuals of the right to an effective remedy, including compensation and such full rehabilitation as may be possible." 13. The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol, is of the view that the facts before it disclose a violation of article 7, in connection with article 2, paragraph 3, of the Covenant. 14. The Committee is of the view that Mr. Hugo Rodríguez is entitled, under article 2, paragraph 3 (a), of the Covenant, to an effective remedy. It urges the State party to take effective measures (a) to carry out an official investigation into the author's allegations of torture, in order to identify the persons responsible for torture and ill-treatment and to enable the author to seek civil redress; (b) to grant appropriate compensation to Mr. Rodríguez; and (c) to ensure that similar violations do not occur in the future. The State party has suggested that the author may still conduct private investigations into his torture. The Committee finds that the responsibility for investigations falls under the State party's obligation to grant an effective remedy. Having examined the specific circumstances of this case, the Committee finds that the author has not had an effective remedy. 15. The Committee would wish to receive information, within 90 days, on any relevant measures adopted by the State party in respect of the Committee's Views. 12.4 The Committee moreover reaffirms its position that amnesties for gross violations of human rights and legislation such as Law No. 15,848, Ley de Caducidad de la Pretensión Punitiva del Estado, are incompatible with the obligations of the State party under the Covenant. The Committee notes with deep concern that the adoption of this law effectively excludes in a number of cases the possibility of investigation into past human rights abuses and thereby prevents the State party from discharging its 5 See the comments of the Committee on Uruguay's third periodic report under article 40 of the Covenant, adopted on 8 April 1993, Official Records of the General Assembly, Forty-eighth Session, Supplement No. 40 (A/48/48), chap. III. Communication No. 328/1988 Submitted by: Myriam Zelaya Dunaway and Juan Zelaya, later joined by their brother, the alleged victim, on 20 July 1988 Alleged victim: Roberto Zelaya Blanco State party: Nicaragua Declared admissible: 29 March 1992 (forty-fourth session) Date of adoption of Views: 18 October 1995 (fifty-first session) Subject matter: Unlawful and arbitrary arrest and detention on account of criticism of Sandinista regime – Ill-treatment of author Substantive issues: Torture and ill-treatment – Arbitrary detention – Compulsory selfincrimination – Interference with correspondence of prisoner – Confiscation of property – Right to compensation – State party’s duty to investigate allegations Procedural issues: Ex officio review of admissibility decision – Sufficiency of State party’s reply under article 4 (2) – Examination by other instance of international investigation or settlement – Exhaustion of domestic remedies – Adoption of Views without merits submission by State party Articles of the Covenant: 7, 9 (1), 10 (1), 14 (3) (g), 17 and 26 Articles of the Optional Protocol: 4 (2) and 5 (2) (a) and (b) 30