January 1978, in particular on any steps taken to ex
haust domestic remedies, taking into account the note
from the State party dated 14 April 1978;
3. That the author be informed that unless he fur
nishes the requested information within six weeks of the
date of the reminder, the Committee may conclude that
he no longer wishes the Committee to continue con
sideration of the communication;
4. That the attention of the author be drawn to the
observation of the State party that the matter referred to
in his communication has been investigated under the
procedure established by the Inter-American Commis
sion on Human Rights ...;
5. That the author be informed that the Committee
is precluded by article 5 (2) (a) of the Optional Protocol
from considering a communication if the same matter is
being examined under another procedure of interna
tional investigation or settlement. If the author main
tains that the matter which he has submitted to the
Human Rights Committee is not the same matter which
has been submitted to the Inter-American Commission
on Human Rights, he should inform the Committee of
his grounds for so maintaining and furnish the Commit
tee with any other information in his possession relating
to the submission of the case to and its examination by
the Inter-American Commission on Human Rights. In
the absence of any further information pertinent to this
question, the Committee may have to conclude that
[the] case ... before the Inter-American Commission on
Human Rights and the communication submitted under
the Optional Protocol concern the same matter;
6. That it should be explained to the author that this
is not a decision on the admissibility of his communica
tion;
7. That the Secretary-General transmit any reply
received from the author to the State party as soon as
possible to enable the State party to comment thereon if
it so wishes, within four weeks of the date of the
transmittal;
8. That the text of this decision be communicated to
the State party and the author.
ELEVENTH SESSION
Communication No. 73/1980
Submitted by: Ana Maria Teti Izquierdo on 7 July 1980
Alleged victim: Mario Alberto Teti Izquierdo (author's brother)
State party: Uruguay
Date of decision: 24 October 1980 (eleventh session)
Transmittal to State party under rule 91—Request for
information on whereabouts and state of health of
alleged victim, copies of court orders or decisions
The Human Rights Committee decides:
1. That the author of the communication is justified
in acting on behalf of the alleged victim;
2. That the communication be transmitted, under
rule 91 of the provisional rules of procedure, to the
State party concerned, requesting information and
observations relevant to the question of admissibility of
the communication. If the State party contends that
domestic remedies have not been exhausted, it is re
quested to give details of the effective remedies available
to the alleged victim in the particular circumstances
of his case, and, in particular, to specify which of the
alleged violations could be effectively remedied within
the purview of the established military judicial process.
If the State party objects that the same matter is being
examined under another procedure of international in
vestigation or settlement, it should give details including
information on the stage reached in those proceedings;
3. That the State party be requested to provide the
Committee with copies of any court orders or decisions
relevant to this case, including the decision of the
Supreme Military Tribunal, referred to in the com
munication;
4. That the State party and the author of the com
munication be informed that, as a rule, the Committee
can only consider an alleged violation of human rights
occurring on or after 23 March 1976 (the date of entry
into force of the Covenant and the Protocol for
Uruguay) unless it is an alleged violation which,
ahhough occurring before that date, continues or has
effects which themselves constitute a violation after that
date;
5. That the State party be informed that its informa
tion and observations pursuant to paragraphs 2 and 3
above should reach the Human Rights Committee, in
care of the Division of Human Rights, United Nations
Office at Geneva, within two months of the date of the
request;
6. That the Secretary-General transmit any infor
mation or observations received pursuant to paragraphs
2 and 3 above to the author of the communication as
soon as possible to enable her to comment thereon if she
so wishes. Any such comments should reach the Human
Rights Committee, in care of the Division of Human
Rights, United Nations Office at Geneva, within four
weeks of the date of the transmittal;
7. That, in view-of the telegram received from the
author of the communication on 9 October 1980, in-
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents