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J. F. v. Uruguay, Communication No. 137/1983, U.N. Doc. Supp. No. 40 (A/38/40) at 247 (1983).


 

 

Submitted by: X. (a non-governmental organization) on behalf of J. F. [names deleted]
Alleged victim: J. F.
State party concerned: Uruguay
Date of communication: 5 February 1983 (date of initial letter)

The Human Rights Committee, established under article 28 of the International Covenant on Civil and Political Rights,

Meeting on 25 July 1983,

adopts the following:

Decision on admissibility

1. The author of the communication (initial letter dated 5 February 1983 and further submission dated 16 June 1983) is X (a non-governmental organization). It submits the communication on behalf of J. F., a Uruguayan national at present detained at Libertad prison in Uruguay. The organization states that the communication is submitted at the request of J. F.'s wife, S. G. F., a Uruguayan national living at present in Sweden, and that this request has been made through close friends whose names it is unable to reveal. No written evidence with regard to the authority of the organization to act at the request of S. G. F. on behalf of J. F. has been provided. The author alleges that J. F. is a victim of a breach by Uruguay of articles 7, 9, 10, 14 and 15.

2.Before considering any claims contained in a communication, the Human Rights Committee shall, in accordance with rule 87 of its provisional rules of procedure, decide whether or not it is admissible under the Optional Protocol to the Covenant.

3. Articles 1 and 2 of the Optional Protocol to the International Covenant on Civil and Political Rights provide that individuals who themselves claim to be victims of violations of any of the rights set forth in the Covenant may submit communications to the Human Rights Committee. The Human Rights Committee has established through a number of decisions on admissibility that a communication submitted by a third party on behalf of an alleged victim can only be considered if the author justifies his authority to submit the communication. With regard to the present communication, the Committee cannot accept on the basis of the information before it that the author has the necessary authority to submit the communication on behalf of the alleged victim.

The Human Rights Committee therefore decides:

That the communication is inadmissible.

 



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