VIEWS OF THE HUMAN RIGHTS COMMITTEE UNDER ARTICLE 5 (4) OF THE OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS SEVENTH SESSION Communication No. 5/1977 Submitted by: Moriana Hernández Valentini de Bazzano on 15 February 1977 Alleged victims: The author, Luis Maria Bazzano Ambrosini, Martha Valentini de Massera and José Luis Massera State party: Uruguay Date of adoption of views: 15 August 1979 (seventh session) judge granted him conditional release, but this decision could not be put into effect since, shortly before, the prisoner had been removed from the place of detention without the judge's knowledge and had been taken to a place unknown to the judge. Once he had been notified of his release, the victim was taken again to an unident­ ified place where he was held prisoner, and confined in­ communicado until, on 7 February 1977, he was tried on the charge of "subversive association", an offence punishable by three to eight years' imprisonment. He remained confined together with four other political prisoners in a cell measuring 4.50. by 2.50 metres in con­ ditions seriously detrimental to his health. In a com­ munication addressed to Mrs. Moriana Hernández de Bazzano, the victim's lawyer stated that he had twice re­ quested that the defendant should be granted provi­ sional release, but without success. He also said that under Uruguayan law, the defendant should have been discharged, but that the Court had ordered the preliminary investigation to be closed without the Pro­ secutor requesting the gathering of any additional evidence. Standing of author to act on behalf of alleged vic­ tims—Submission to lACHR.—Admissibility ratione temporis—Delays in proceedings—Detention incom­ municado.—Habeas corpus—Detention despite release order—Torture—Fair trial—Prison condi­ tions—Medical care in prison—Visits by family members—Restriction of political rights Articles of Covenant: 7, 9 (1), (3) and (4), 10 (1), 14 (1), (2) and (3), 25 Articles of Optional Protocol: 2, 4 (2), 5 (2) (a) and (b) Views under article 5 (4) of the Optional Protocol 1. The author of this communication (initial letter dated 15 February 1977 and further letters dated 4 August 1977 and 6 June 1979) is a Uruguayan na­ tional, residing in Mexico. She submitted the com­ munication on her own behalf, as well as on behalf of her husband, Luis Maria Bazzano Ambrosini, her step­ father, José Luis Massera, and her mother, Martha Valentini de Massera. 2. The author alleges, with regard to herself, that she was detained in Uruguay from 25 April to 3 May 1975 and subjected to psychological torture. She states that she was released on 3 May 1975 without having been brought before a judge. The author claims that her husband, Luis Maria Baz­ zano Ambrosini, was detained on 3 April 1975 and im­ mediately thereafter subjected to various forms of tor­ ture such as planton (the prisoner was forced to remain standing for 14 hours), electric shocks and bastinado (blows). He was accused of complicity in "assistance to subversive association" for having participated in a spontaneous demonstration and was placed at the disposal of a military judge, although the accusation was consistently denied by the prisoner. Nevertheless, the judge indicted him on the basis of his identification by a single alleged witness who did not, however, appear during the prehminary investigation in order to confirm his prior statement. After one year's detention, the The author claims that her stepfather, José Luis Massera, professor of mathematics and former Deputy to the National Assembly, was arrested on 22 October 1975 and held incommunicado until his detention was made known in January 1976. She claims that he was denied the right of habeas corpus before the civil and military courts and that an application to the Commis­ sion on Respect for Human Rights of the Council of State went unanswered. On 15 August 1976 he was tried by a military court on the charge of "subversive associa­ tion" for being one of the leaders of a banned political party. The author further states that her stepfather suf­ fered permanent damage as a result of torture. In her letter of 4 August 1977 she states that, having been forced to remain standing with his head hooded for long hours, he lost his balance, fell down and broke his leg which was not immediately taken care of, resulting in that leg being now several centimetres shorter than the 40