--CCPR/C/79/Add.42, para. 9 (1995); see also CCPR/C/79/Add.62, para. 11 (1996); CCPR/C/79/Add.90, para. 8 (1998). ***** The Committee is concerned about the wide variety of possible states of emergency listed in the Constitution. The possibility of suspending article 5 of the Constitution during states of exception does not appear to be compatible with the Covenant, since it suspends in general terms the right of the individual to do what the law does not prohibit and not to be compelled to obey illegal orders. Likewise, the Committee is concerned that the state of exception declared in June 2001 has not been duly notified to the other States parties through the intermediary of the Secretary-General of the United Nations. The State party should ensure that its constitutional provisions for emergency situations are compatible with article 4 of the Covenant. It should also comply with the obligation to notify the other States parties through the intermediary of the Secretary-General of the United Nations in all cases when an emergency situation is declared and to inform them of the provisions from which it has derogated and of the reasons for the derogation. --CCPR/CO/72/GTM, para. 11 (2001). ***** [T]he Committee notes with concern that the circumstances under which a state of emergency may be proclaimed and enforced … are excessively broad and may be used to restrict the exercise of basic rights in an unjustifiable manner. --CCPR/C/79/Add.78, para. 10 (1997). ***** [I]n its note of 28 June 1979 to the Secretary-General of the United Nations…, the Government of Uruguay has made reference to an emergency situation in the country which was legally acknowledged in a number of "Institutional Acts". However, no factual details were given at that time. The note confined itself to stating that the existence of the emergency situation was "a matter of universal knowledge"; no attempt was made to indicate the nature and the scope of the derogations actually resorted to with regard to the rights guaranteed by the Covenant, or to show that such derogations were strictly necessary. Instead, the Government of Uruguay declared that more information would be provided in connection with the submission of the country's report under article 40 of the Covenant…. Although the sovereign right of a State party to declare a state of emergency is not questioned, yet, in 20

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