APPENDIX
Although I agree with the view of the Committee that it could
not find that there has not been any violation of article 7 of the
Covenant, I also conclude, for the reasons set out in paragraph 11
of the Committee's views, that there has been a violation of article
7 of the Covenant.
Individual opinion submitted by a member of tlie Human Rights
Committee under rule 94 (3) of the Committee's provisional rules
of procedure
Communication
No.
The following members of the Committee associated themselves
with the individual opinion submitted by Mr. Tarnopolsky: Mr. Néjib
Bouziri, Mr. Abdoulaye Diéye, Mr. Bernhard Graefrath, Mr. Dejan
Janea, Mr. Waleed Sadi.
9/1977
Individual opinion appended to the Committee's views at the re
quest of Mr. Walter Surma Tarnopolsky:
NINTH SESSION
Communication No. 8/1977
Submitted by: Ana Maria Garcia Lanza de Netto on 20 February 1977, Beatriz Weismann
on 28 September 1979 and Alcides Lanza Perdomo on 15 February 1980
Alleged victims: Beatriz Weismann and Alcides Lanza Perdomo
State party: Uruguay
Date of adoption of views: 3 April 1980 (ninth session)
was unconscious all that time. She claimed that as a con
sequence of the mistreatment received, her uncle's hear
ing was seriously impaired and that he had difficulties
moving about because of injuries which were caused to
one hip, probably a fracture.
It is submitted that Alcides Lanza Perdomo was later
held in the army barracks of the School of Weapons and
Services, 14 kilometres along Camino Maldonado,
where he was allegedly housed in a railway wagon
together with 16 other prisoners, and that he was forced
to work in the fields.
In respect of her aunt, Beatriz Weismann de Lanza,
the initial author submitted that she had been arrested
shortly after her husband by army personnel entering
her home early one morning and taking her away
together with her two small sons, who were handed over
some hours later to their grandmother. The author
claimed that her aunt's family and friends were unaware
of her place of detention until late in 1976. She claimed
that her aunt had been in good health until her disap
pearance in February 1976 but that due to torture in
flicted upon her, she had no feeling from the waist
downwards and could not move without the help of two
female prisoners. She stated that Beatriz Weismann de
Lanza had nevertheless been obliged to work.
Finally, Ana Maria Garcia Lanza de Netto submitted
that proceedings had been initiated with regard to her
uncle before a military court, but that it was not clear
whether her aunt had appeared before a court.
These submissions have later been supplemented by
the alleged victims, as set out in paragraphs 9, 10 and 11
below.
Standing of author to act on behalf of alleged vic
tims—Submission to lACHR—Same
matter—Ex
haustion of domestic remedies—Review of decision
on admissibility—Joinder of subsequent communica
tion—Arbitrary arrest—Detention
incommunicado
—Habeas
corpus—Access
to
counsel—Tor
ture—Delay in proceedings—Fair
trial—Continued
detention after serving sentence—Freedom of expres
sion—Right of State party to derogate from
Covenant—Burden of proof
Articles of Covenant: 4, 7, 9 (1), (3) and (4), 10 (1), 14
(1), (2) and (3) and 19 (2) and (3)
Article of Optional Protocol: 5 (2) (a) and (b)
Views under article 5 (4) of the Optional Protocol
1. The initial author of this communication. Ana
Maria Garcia Lanza de Netto (initial letter dated 20
February 1977) is a Uruguayan national, residing in
Mexico. She submitted the communication on behalf of
her aunt, Beatriz Weismann de Lanza, a 35-year-old
Uruguayan citizen, and her uncle, Alcides Lanza Per
domo, a 60-year-old Uruguayan citizen and a former
trade union leader, alleging that both had been ar
bitrarily arrested and detained in Uruguay.
2. Ana Maria Garcia Lanza de Netto claimed that
her uncle had been arrested early in February 1976 in the
streets of Montevideo by the occupants of an army ve
hicle and that until the end of September 1976 his family
was unable to locate him. She alleged that Alcides
Lanza Perdomo was detained at various places, includ
ing the naval air base at Laguna del Sauce in the
Department of Maldenado and that during this period
of initial detention he had to be admitted to the Central
Hospital of the Armed Forces four times, on one occa
sion almost completely suffocated. She further alleged
that there were two months about which her uncle
remembers absolutely nothing and that he supposes he
3. On 26 August 1977, the Human Rights Commit
tee decided to transmit the communication to the State
party under rule 91 of the provisional rules of pro
cedure, requesting information and observations rele
vant to the question of admissibility. By that same deci
sion the Committee requested Ana Maria Garcia Lanza
45
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