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CCPR/C/19/D/136/1983

S.G.F. v. Uruguay

UNO-Menschenrechtsausschuss (CCPR) · 1983-07-25 · en UN

Inadmissibility decision; Procedural issues: victim status; [CCPR: UNO-Pakt II, Internationaler Pakt über bürgerliche und politische Rechte; Pacte international relatif aux droits civils et politiques; Patto II]

Volltext (verifizierbarer Originaltext)

S. G. F. v. Uruguay, Communication No. 136/1983, U.N. Doc. CCPR/C/OP/1

at 43 (1984).

Submitted by: X (a non-governmental organization) (name deleted) on 5 February 1983

Alleged victim: S. G. F.

State party: Uruguay

Declared inadmissible: 25 July 1983(nineteenth session)

Subject matter. Action by an NGO on behalf of imprisoned Uruguayan citizen

Procedural issues. Standing of the author-Actio popularis

Articles of the Optional Protocol: 1 and 2

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 S. G. F., a Uruguayan national at present living in Sweden. The

organization states that the request of S. G. F. for it to act on her behalf was made through

close friends living in France whose identity, however, it felt unable to disclose. No written

evidence with regard to the authority of the organization to act on behalf of the alleged victim

has been provided. The author alleges that S. G. F. is a victim of a breach by Uruguay of

articles 7, 9, 10 and 14 of the International Covenant on Civil and Political Rights.

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 I 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.

4. The Human Rights Committee therefore decides:

That the communication is inadmissible.