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)
X (a non-governmental organization) v. Uruguay, Communication No.
137/1983, U.N. Doc. CCPR/C/OP/2 at 43 (1990). *
Submitted by: X (a non-governmental organization) (name deleted) on 5 February 1983
Alleged victim: J. 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 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, 3. 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 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.
Not previously published in the annual report of the Human Rights Committee.