28 March 1980


Communication No. 31/1978


human rights committee

  Ninth Session  
  17 March - 3 April 1980  

Guillermo Waksman






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BEFORE: MEMBERS: Mr. Nejib Bouziri (Tunisia), Mr. Abdoulaye Dieye (Senegal), Sir Vincent Evans (United Kingdom), Mr. Manouchehr Ganji (Iran), Mr. Bernhard Graefrath (German Democratic Republic), Mr. Vladimir Hanga (Romania), Mr. Dejan Janca (Yugoslavia), Mr. Haissam Kelani (Syrian Arab Republic), Mr. Luben G. Koulishev (Bulgaria), Mr. Rajsoomer Lallah (Mauritius), Mr. Andreas v. Mavrommatis (Cyprus), Mr. Anatoly Petrovich Movchan (Soviet Union), Mr. Torkel Opsahl (Norway), Mr. Julio Prado Vallejo (Ecuador), Mr. Waleed Sadi (Jordan), Mr. Walter Surma Tarnopolsky (Canada), Mr. Christian Tomuschat (Federal Republic of Germany), Mr. Diego Uribe Vargas (Colombia).

All the members except Mr. Ganji and Mr. Uribe Vargas, attended the ninth session of the Committee.

PermaLink: http://www.worldcourts.com/hrc/eng/decisions/1980.03.28_Waksman_v_Uruguay.htm
Citation: Waksman v. Uruguay, Comm. 31/1978, U.N. Doc. A/35/40, at 120 (HRC 1980)
Publications: Report of the Human Rights Committee, U.N. GAOR, 35th Sess., Supp. No. 40, U.N. Doc. A/35/40, Annex VII, at 120 (Sep. 18, 1980); Office of the U.N. High Comm'r for Human Rights, Human Rights Committee: Selected Decisions under the Optional Protocol, Vol. I, at 36, U.N. Doc. CCPR/C/OP/1, U.N. Sales No. E.84.XIV.2 (1985)
  [1] The author of the communication (dated 25 May 1978), Guillermo Waksman, is a Uruguayan citizen, journalist and translator, who for a number of years has lived outside Uruguay.

[2] On 27 September 1977, upon expiry of his Uruguayan passport, he submitted an application for renewal of his passport at the Uruguayan Consulate in the city where he lived. He was subsequently informed that, after consultation with the Uruguayan Government, the Consulate was not authorized to renew his passport.

[3] He maintained that this constituted a violation of articles 12 (2) and 19 of the International Covenant on Civil and Political Rights.

[4] By a decision of 24 April 1979 the Human Rights Committee declared the communication to be admissible under the Optional Protocol to the International Covenant on Civil and Political Rights and, in accordance with article 4 (2) of the Protocol, requested the State party to submit to the Committee, within six months of the transmittal to it of 'the decision, written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by it.

[5] In response to this decision, the State party informed the Committee that it had, on 16 August 1979, instructed its Consulate in the district where the author was at that time living, to renew his passport. This information was later confirmed by the author, who advised the Committee that he had received a new Uruguayan passport on 4 October 1979.

[6] The Committee notes with satisfaction that the State party has taken appropriate steps to remedy the matter complained of.
The Human Rights Committee therefore decides:

1. To discontinue consideration of the communication;

2. That this decision be communicated to the State party and the author of the communication.



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