ducted in writing and without his presence. His right to
a defence counsel of his own choice was curtailed, and
the judgement of the court was not made public. On
9 October 1979, the Supreme Military Court rendered a
judgement of second instance, confirming the judge
ment of the first instance. The Committee notes that the
State party did not comply with the Committee's re
quest to enclose copies of any court orders or decisions
of relevance to the matter under consideration. Pur
suant to Acta Institucional No. 4 of 1 September 1976,
Rosario Pietraroia is deprived of the right to engage in
political activities for 15 years.
tion. Nevertheless, his morale is high, which accounts for the fact that
his physical appearance may seem good.
My father is now 68 years old and unless he receives constant and
adequate medical attention, I think that his physical condition will be
further undermined in view of the harassment and 'accidents' to
which he has been and continues to be exposed.
12. The Human Rights Committee notes that it has
been informed by the Government of Uruguay in
another case (No. 9/1977) that the remedy of habeas
corpus is not applicable to persons detained under the
' 'prompt security measures". As regards the question of
exhaustion of domestic remedies the Committee
observes that, notwithstanding the fact that an appeal
against the judgement of the first instance was pending
at the time of the submission of the communication in
January 1979 and at the time the communication was
declared admissible on 14 August 1979, the State party
did not, in its submissions of 13 July 1979 under rule 91
of the Committee's provisional rules of procedure, raise
any objection to the admissibility of the communication
on that ground and, in any event, that remedy has since
been exhausted. As regards the possibihty of invoking
the remedies of cassation {"casación") or review
{"revisión"), the State party has informed the Commit
tee in several other cases that these remedies are of an
exceptional nature. The Committee is not satisfied that
they are applicable in the present case and, in any event,
to require resort to them would unreasonably prolong
the exhaustion of domestic remedies.
14. The Human Rights Committee has considered
whether acts and treatment which are prima facie not in
conformity with the Covenant could, for any reasons,
be justified under the Covenant in the circumstances.
The Government has referred to provisions of
Uruguayan law, including the "prompt security
measures". The Covenant (art. 4) allows national
measures derogating from some of its provisions only in
strictly defined circumstances, and the Government has
not made any submissions of fact or law to justify such
derogation. Moreover, some of the facts referred to
above raise issues under provisions from which the
Covenant does not allow any derogation under any cir
cumstances.
15. As regards article 19, the Covenant provides
that everyone shah have the right to hold opinions
without interference and that the freedom of expression
set forth in paragraph 2 of that article shall be subject
only to such restrictions as are necessary {a) for respect
of the rights and reputations of others or {b) for the
protection of national security or of public order {"or
dre public"), or of pubhc health or morals. The
Government of Uruguay has submitted no evidence
regarding the nature of the activities in which Rosario
Pietraroia was aUeged to have been engaged and which
led to his arrest, detention and committal for trial. Bare
information from the State party that he was charged
with subversive association and conspiracy to violate the
Constitution, fohowed by preparatory acts thereto, is
not in itself sufficient, without details of the aUeged
charges and copies of the court proceedings. The Com
mittee is therefore unable to conclude on the informa
tion before it that the arrest, detention and trial of
Rosario Pietraroia was justified on any of the grounds
mentioned in article 19 (3) of the Covenant.
13.1 The Human Rights Committee has considered
the present communication in the light of aU informa
tion made available to it by the parties as provided in ar
ticle 5 (1) of the Optional Protocol. It hereby decides to
base its views on the following facts, which have either
been essentiahy confirmed by the State party, or are un
contested, except for denials of a general character of
fering no particular information or explanation:
13.2 Rosario Pietraroia Zapala was arrested in
Uruguay, without a warrant for arrest, early in 1976 (ac
cording to the author on 19 January 1976; according to
the State party on 7 March 1976), and held incom
municado under the "prompt security measures" for
four to six months. During the first period of his deten
tion he was at least on two occasions committed to the
military hospital. His trial began on 10 August 1976,
when he was charged by a mihtary court with the of
fences of "subversive association" {"asociación subver
siva") and "conspiracy to violate the Constitution,
fohowed by acts preparatory thereto" {"atentado con
tra la Constitución en el grado de conspiración seguida
de actos preparatorios"). In this connection, the Com
mittee notes that the Government of Uruguay has of
fered no explanations as regards the concrete factual
basis of the offences for which Rosario Pietraroia was
charged in order to refute the claim that he was arrested,
charged and convicted on account of his prior political
and trade-union activities which had been lawful at the
time engaged in. In May 1977, the military prosecutor
called for a penalty of 12 years' rigorous imprisonment
and on 28 August 1978 Rosario Pietraroia was sen
tenced to 12 years' imprisonment, in a closed trial, con
16. The Human Rights Committee is aware that the
sanction of deprivation of certain pohtical rights is pro
vided for in the legislation of some countries. Ac
cordingly, article 25 of the Covenant prohibits
"unreasonable" restrictions. In no case, however, may
a person be subjected to such sanctions solely because of
his or her political opinion (arts. 2 (1) and 26). Further
more, the principle of proportionality would require
that a measure as harsh as the deprivation of all political
rights for a period of 15 years be specifically justified.
No such attempt has been made in the present case.
17. The Human Rights Committee, acting under ar
ticle 5 (4) of the Optional Protocol to the International
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