reclusión". The Committee is inclined to beheve that
"reclusión" in this context means imprisonment and
not hospitalization as contended by the State party in its
submission of 5 May 1981. At any rate, the State party's
references to a medical report cannot be regarded as a
sufficient refutation of the ahegations of mistreatment
and torture.
11.4 As to the nature of the judicial proceedings
against López Burgos the Committee requested the
State party on 24 March 1980 to furnish copies of any
court orders or decisions of relevance to the matter
under consideration. The Committee notes that the
State party has not submitted any court orders or deci
sions.
11.5 The State party has also not specified in what
"subversive activities" López Burgos was allegedly in
volved or clarified how or whtn he engaged in these ac
tivities. It would have been the duty of the State party to
provide specific information in this regard, if it wanted
to refute the ahegations of the author that López Burgos
has been persecuted because of his involvement in the
trade-union movement. The State party has not refuted
the author's ahegations that López Burgos was forced
to sign false testimony against himself and that this
testimony was used in the trial against him. The State
party has stated that López Burgos was not prevented
from choosing his own legal counsel. It has not,
however, refuted witness testimony indicating that
López Burgos and others arrested with him, including
Monica Sohño and Inés Quadros, whose parents are at
torneys, were forced to agree to ex officio legal counsel.
by virtue of article 1 of the Optional Protocol ("... in
dividuals subject to its jurisdiction ...") or by virtue of
article 2 (1) of the Covenant ("... individuals within its
territory and subject to its jurisdiction ...") from con
sidering these ahegations, together with the claim of
subsequent abduction into Uruguayan territory, in
asmuch as these acts were perpetrated by Uruguayan
agents acting on foreign soil.
12.2 The reference in article 1 of the Optional Pro
tocol to "individuals subject to its jurisdiction" does
not affect the above conclusion because the reference in
that article is not to the place where the violation occur
red, but rather to the relationship between the in
dividual and the State in relation to a violation of any of
the rights set forth in the Covenant, wherever they oc
curred.
12.3 Article 2 (1) of the Covenant places an obliga
tion upon a State party to respect and to ensure rights
"to all individuals within its territory and subject to its
jurisdiction", but it does not imply that the State party
concerned cannot be held accountable for violations of
rights under the Covenant which its agents commit upon
the territory of another State, whether with the ac
quiescence of the Government of that State or in op
position to it. According to article 5 (1) of the Cov
enant:
Nothing in the present Covenant may be interpreted as implying for
any State, group or person any right to engage in any activity or per
form any act aimed at the destruction of any of the rights and
freedoms recognized herein or at their limitation to a greater extent
than is provided for in the present Covenant.
In hue with this, it would be unconscionable to so inter
pret the responsibility under article 2 of the Covenant as
to permit a State party to perpetrate violations of the
Covenant on the territory of another State, which viola
tions it could not perpetrate on its own territory.
11.6 The 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 of the case.
The Government of Uruguay has referred to provisions,
in Uruguayan law, of "prompt security measures".
However, the Covenant (art. 4) does not allow national
measures derogating from any of its provisions except in
strictly defined circumstances, and the Government has
not made any submissions of fact or law in relation
thereto. Moreover, some of the facts referred to above
raise issues under provisions from which the Covenant
does not ahow any derogation under any circumstances.
13. The Human Rights Committee, acting under ar
ticle 5 (4) of the Optional Protocol to the International
Covenant on Civil and Political Rights is of the view
that the communication discloses violations of the
Covenant, in particular of:
Article 7, because of the treatment (including torture)
suffered by López Burgos at the hands of Uruguayan
mihtary officers in the period from July to October
1976 both in Argentina and Uruguay;
Article 9 (1), because the act of abduction into
Uruguayan territory constituted an arbitrary arrest
and detention;
Article 9 (3), because López Burgos was not brought to
trial within a reasonable time;
Article 14 (3) (d), because López Burgos was forced to
accept Colonel Mario Rodriguez as his legal counsel;
Article 14 (3) (g), because López Burgos was compeUed
to sign a statement incriminating himself;
Article 22 (1) in conjunction with article 19 (1) and (2),
because López Burgos has suffered persecution for
his trade union activities.
14. The Committee, accordingly, is of the view that
the State party is under an obligation, pursuant to ar
ticle 2 (3) of the Covenant, to provide effective remedies
11.7 The Human Rights Committee notes that if the
sentence of López Burgos ran from the purported date
of arrest on 23 October 1976, it was due to be completed
on 23 April 1981, on which date he should consequently
have been released.
11.8 The Committee notes that the Austrian
Government has granted López Burgos an entry visa. In
this connection and pursuant to article 12 of the Cov
enant, the Committee observes that López Burgos
should be allowed to leave Uruguay, if he so wishes, and
travel to Austria to join his wife, the author of this com
munication.
12.1 The Human Rights Committee further
observes that although the arrest and initial detention
and mistreatment of López Burgos allegedly took place
on foreign territory, the Committee is not barred either
91
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