5.1 In a further letter dated 7 March 1981, the author of the communication notes the lack of a response from the Government of Uruguay and informs the Human Rights Committee that the numerous dif­ ficulties caused to her by the refusal of the Uruguayan authorities to extend the validity of her passport have considerably increased, thus seriously affecting not only herself but also other members of her family. The author claims in this connection that after the death of her mother. Idea Martins de Vidal, which occurred on 12 December 1979 in Uruguay, she and her brother became the sole heirs to their mother's estate and that the legal formalities in this respect have been completed before the appointed judge. Not being able to travel to Uruguay herself, she instructed a Mexican notary to take a number of necessary steps in order to terminate the regime of community property existing between her brother and herself. For this purpose, she requested the Uruguayan consul in Mexico to certify the signature of the competent Mexican official, Mr. Luis del Valle Prieto, which the consul allegedly refused and still refuses to do, thus making it impossible for her and her brother to pursue the separation proceedings further. The author points out that her request is covered by na­ tional legislation (Act No. 14,534 of 24 June 1976), in conformity with a treaty between Uruguay and Mexico signed in Panama on 29 January 1975 and ratified by the Government Council of Uruguay. She concludes that despite the efforts and démarches made, including those by the Mexican consul in Montevideo, it has not so far been possible for her and her brother to change the situation, adding that her brother, who lives in Uruguay, is in no way involved in any activity that might be held against her. 5.2 A copy of the author's submission of 7 March 1981 has been forwarded to the State party. No com­ ments have been received from the State party in this respect either. 6.1 The Committee has considered the present com­ munication in the light of ah information made available to it, as provided in article 5 (1) of the Op­ tional Protocol. The Committee notes that no submis­ sions have been received from the State party in this case, particularly as to the reasons for refusal for an or­ dinary passport or the reasons for the offer of only a restricted travel document. 6.2 The Committee decides to base its views on the fohowing facts that can be deduced from the author's submissions which also include official documents issued by the Uruguayan authorities in the case: Sophie Vidal Martins, a Uruguayan citizen residing at present in Mexico, and holder of a passport issued in 1971 in Sweden with a 10 years' vahdity upon condition that its vahdity be confirmed after five years, was refused such confirmation by the Uruguayan authorities without ex­ planation several times between 1975 and 1977. In 1978 the author then applied for a new passport at the Uruguayan consulate in Mexico. According to the author, issuance of a passport is subject to the approval of the Ministry of Defence and the Ministry of the In­ terior. Two months after her apphcation, Sophie Vidal Martins was informed that the Ministry of the Interior had refused to approve the issue to her of a new passport. She then appealed against this decision which later was officially reconfirmed by the Uruguayan Foreign Ministry without any reasons given. The author was offered a document which would have entitled her to travel to Uruguay, but not to leave the country again. The author declined this offer for reasons of personal security. 6.3 After the death of her mother in Uruguay in December 1979 when the legal questions concerning an inheritance arose between the author and her brother who is a resident of Uruguay, Sophie Vidal Martins was unable in the circumstances described above to go to Uruguay to settle these questions herself, but authorized a Mexican notary, Luis del Valle Prieto, to act on her behalf. As is necessary in such cases, the signature of the notary had to be certified by the Uruguayan consul in Mexico. The consul, however, refused without reason to certify Mr. del Valle's signature, although Mrs. Martins requested him to do so in conformity with (i) Uruguayan legislation (Act No. 14,534 of 24 June 1976) and (ii) a treaty between Uruguay and Mexico which was ratified by the current Government Council of Uruguay. The inheritance settlement thus continues to remain unresolved, to the author's detriment and the detriment of her brother. 7. The Human Rights Committee has examined, ex officio, whether the fact that Sophie Vidal Martins resides abroad affects the competence of the Committee to receive and consider the communication under ar­ ticle 1 of the Optional Protocol, taking into account the provisions of article 2 (1) of the Covenant. Article 1 of the Optional Protocol apphes to individuals subject to the jurisdiction of the State concerned who claim to be victims of a violation by that State of any of the Cov­ enant rights. The issue of a passport to a Uruguayan citizen is clearly a matter within the jurisdiction of the Uruguayan authorities and he is "subject to the jurisdic­ tion" of Uruguay for that purpose. Moreover, a passport is a means of enabhng him " t o leave any coun­ try, including his own", as required by article 12 (2) of the Covenant. It therefore follows from the very nature of the right that, in the case of a citizen resident abroad it imposes obligations both on the State of residence and on the State of nationality. Consequently, article 2 (1) of the Covenant cannot be interpreted as hmiting the obhgations of Uruguay under article 12 (2) to citizens within its own territory. 8. As to the allegations made by the author with regard to a breach of article 19 of the Covenant, they are in such general terms and seem to be of such se­ condary nature in the case that the Committee makes no finding in regard to them. 9. The Human Rights Committee, acting under ar­ ticle 5 (4) of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts as found by it, in so far as they have 123

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