de Netto to furnish detailed information on the grounds
and circumstances justifying her acting on behalf of the
alleged victims.
7. By its decision of 18 April 1979, the Committee:
(c) Informed the State party of the Committee's con
cern that the State party had failed to fulfil its obliga
tion to submit written explanations or statements under
article 4 (2) of the Optional Protocol;
(b) Requested the State party, although the sixmonths' time-hmit, estabhshed by article 4 (2) of the
Optional Protocol, had expired on 3 September 1978,
that a submission from the State party pursuant to that
article should be made without further delay and
should, in any event, reach the Human Rights Commit
tee not later than six weeks from the date of the
transmittal of the decision.
4. By letter dated 21 October 1977 the initial author
explained that the alleged victims were unable to act on
their own behalf and that she was acting on their behalf
as their close relative, believing, on the basis of her per
sonal acquaintance with them, that the alleged victims
would agree to lodging a complaint.
5. By letter dated 27 October 1977 the State party
objected to the admissibility of the communication on
two grounds:
(o) That the same matter was already being examined
by the Inter-American Commission on Human Rights;
(¿7) That the alleged victims had not exhausted all
available domestic remedies.
8. The time-limit set by the Committee in its deci
sion of 18 April expired on 2 July 1979, at which time
no further submission had yet been received. However,
in a note dated 8 October 1979 the Government submit
ted, in the first place, that the Committee should review
its decision regarding the admissibility of the com
munication, because domestic remedies had not been
exhausted. It attached a summary of available remedies,
noting that the authors had not indicated that they had
actually applied for any remedies; furthermore, the
Government stated that the effectiveness of the
remedies was not for the Government to prove and that
it could not be argued hypothetically that they were in
effective. Notwithstanding these contentions, however,
the Government gave the following information:
6. On 1 February 1978, the Human Rights Commit
tee,
(a) Having ascertained that the case concerning
Beatriz Weismann de Lanza, which had been before the
Inter-American Commission on Human Rights, had
been withdrawn and was no longer under active con
sideration by that body,
(6) Having further ascertained that the cases con
cerning Alcides Lanza Perdomo were submitted to the
Inter-American Commission on Human Rights in
November 1974 and February 1976 respectively,
(c) Concluding that these two cases cannot relate to
events alleged to have taken place on or after 23 March
1976 (the date on which the Covenant and the Optional
Protocol entered into force for Uruguay),
(d) Further concluding that, with regard to exhaus
tion of domestic remedies, on the basis of the informa
tion before it, there were no further remedies which the
alleged victims should or could have pursued,
Mr. Alcides Lanza was arrested for investigation o n 2 February
1976 and detained under the prompt security measures. Subsequently,
on 21 September 1976, he was charged by the military examining
judge of fifth sitting with the offence of 'subversive association' re
ferred to in article 60 (VI) of the Military Penal Code.
On 26 October 1977 he was sentenced to three years' severe im
prisonment less the period spent in custody pending trial. On comple
tion of his sentence, he was granted unconditional release o n
2 February 1979 and left Uruguay for Sweden on 1 July 1979.
It should be noted that the appropriate legal assistance was
available to Mr. Lanza at all times, his defence counsel being
Dr. Juan Barbé.
Therefore decided:
(c) That the author of the communication was
justified by reason of close family connection in acting
on behalf of the alleged victims;
(b) That the communication was admissible;
(c) That the text of this decision be transmitted to the
State party together with the text of the relevant
documents and to the author;
(d) That, in accordance with article 4 (2) of the Op
tional Protocol, the State party be requested to submit
to the Committee, within six months of the date of the
transmittal to it of this decision, written explanations or
statements clarifying the matter and the remedy, if any,
that may have been taken by it.
With regard to the exhaustion of domestic remedies
the Committee said that its decision "may be reviewed
in the light of any further explanations which the State
party may submit giving details of any domestic
remedies which it claims to have been available to the
alleged victims in the circumstances of their cases,
together with evidence that there would be a reasonable
prospect that such remedies would be effective".
Mrs. Weismann de Lanza was arrested for investigation on 17
February 1976 and detained under the prompt security measures.
Subsequently, o n 28 September 1976, she was charged by the military
examining judge of first sitting with the offence of 'assistance to
association' referred to in article 60 (VI) of the Military Penal Code.
She was sentenced on 4 April 1978. Her offence was deemed to have
been purged by the period spent in custody pending trial, and she was
released. She left Uruguay for Sweden on 11 February 1979.
It Stated that it was clearly demonstrated by the plain
statement of facts given above that the accusations of
violations of the Covenant were "fallacious".
"Although such accusations, being groundless, ir
responsible and unaccompanied by the least shred of
evidence, are not worthy of any further comment"
some were referred to by way of example:
It is obvious that both of these persons were afforded all guarantees
of due process, for they were brought before a competent judge in
public proceedings, had the appropriate legal assistance from their
defence counsel and were presumed innocent until proved guilty (ar
ticle 14, paragraph 1, paragraphs 3 (b) and 3 (e) and paragraph 2).
The charges of alleged ill-treatment and torture suffered by the de
tainees are mere figments of the author's imagination; she is appar
ently unaware of Uruguay's long tradition in the matter, which has,
throughout its history, earned it the recognition of the international
46
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