Article of the Optional Protocol: 4 (2) 1. The original author of the communication (letter dated 20 December 1983) is Vicenta Acosta, a Uruguayan national residing in Uruguay. She submitted the communication on behalf of her son, Omar Berterretche Acosta, a Uruguayan national born on 23 February 1927, who was detained in Uruguay from September 1977 to 1 March 1985. He joined as co-author of the communication by letter received on 3 July 1985. 2.1 It is stated that Omar Berterretche is an architect and meteorologist and that prior to his detention he was employed as sub-director of weather forecasting in Uruguay's Department of Meteorology and as professor of dynamics, aerodynamics, mathematics and physics at various institutions. He was detained for the first time in January 1976 and allegedly subjected to torture; he was released on 25 February 1976 without being charged. He was arrested for the second time on 7 September 1977 at police headquarters in Montevideo, where he had gone to pick up his passport to go abroad. One day later his family learned of his detention, but he was kept incommunicado for 40 more days. He was taken to the Central Prison in Montevideo, where he stayed until February of 1978, when he was transferred to the Punta Carreta Prison in Montevideo. From July 1979 to 1 March of 1985, he was detained at Libertad Prison. 2.2 The military judge of first instance imposed on him a term of imprisonment of 24 months, on charges of assisting subversion. The Government prosecutor charged him further with providing military intelligence to the Communist Party and asked for a six-year sentence. The Supreme Military Tribunal sentenced him to 14 years' imprisonment. 3. By its decision of 22 March 1984, the Working Group of the Human Rights Committee, having decided that Vicenta Acosta was justified in acting on behalf of the alleged victim, transmitted the communication under rule 91 of the provisional rules of procedure to the State Party concerned, requesting information and observa-tions relevant to the question of admissibility of the communication. The Working Group also requested the State party to provide the Committee with copies of any court orders or decisions relevant to the case and to inform the Committee of the state of health of Omar Berterretche. 4.1 In a submission dated 28 August 1984, the State party informed the Committee that on 5 June 1980, Mr. Omar W. Berterretche was sentenced in second instance to 14 years' imprisonment for committing the offences of "subversive associations", "assault on the material strength of the army, navy and air force by espionage", "espionage" and "attack against the Consti-tution in the degree of conspiracy, followed by prepa-ratory acts" all covered by the Military Penal Code. Concerning his state of health, the State party declared the following: "patient suffering from gastro-enteritis which is treated and controlled. At present, stabilized." 4.2 The present Uruguayan Government came to power on 1 March 1985. Pursuant to an amnesty law enacted by that Government on 8 March 1985, all political prisoners were released and all forms of political banishment were lifted. 5. In an undated letter received on 3 July 1985, Mr. Berterretche joined his mother as co-author of the communication, indicating that he had been released from imprisonment in March 1985 and requesting the Committee to continue consideration of the commu-nication. He confirmed that the facts as described by his mother were correct and made the following comments on the State party's submission of 24 August 1984: 98