rone was at no time subjected to physical maltreatment and that he was detained not because of his trade union activities, but after being found to have committed offences established by the Uruguayan legal system, about which the Committee has already been informed. With regard to Mr. Oxandabarat's health, on 26 December 1975 he was discharged after having been treated with Calciparine and Tromexan for a pulmonary illness. Check-ups on his health were subsequently made at the polyclinic of EMR No. 1. In December 1981 he was treated at the surgical polyclinic for haemorrhoidal prolapse. A haemorrhoidectomy was carried out, with good post-operative recovery, and a rectosigmoidoscopy showed no pathological lesions. He continues to undergo examinations and is being treated with Fluxan and Hemuval. The finding of the latest general examination is that he is in good health."

8.2. No additional information or observations have been received from the author in this connection.

9.1. The Human Rights Committee, having examined the present communication in the light of all the information made available to it by the parties as provided in article 5 (1) of the Optional Protocol, hereby decides to base its views on the following facts, which appear to be uncontested.

9.2. Batlle Oxandabarat was a trade-union leader and had been a member of the Tupamaros National Liberation Movement since 1968. He has been kept in detention continuously since he was arrested in June 1972. A final sentence of 13 years' imprisonment was imposed on .l March 1980 by the court of second instance. He did not have counsel of his choice, but a court-appointed lawyer, who did not visit him or inform him of developments in the case.

10.1. In formulating its views, the Human Rights Committee also takes into account the following considerations, which reflect a failure by the State party and by the author to furnish the information and clarifications necessary for the Committee to formulate final views on all allegations.

10.2. In operative paragraph 4 of its decision of 13 October 1981 and again in operative paragraph 4 of its decision on admissibility of 27 October 1982, the Committee requested the State party to enclose copies of any court decisions taken against Batlle Oxandabarat, including the decision of the military court of first instance. The Committee notes with deep concern that in spite of its repeated requests in this case and in many other cases, no such documents have ever been received

from the State party. The Committee recalls in this connection the assurances given to it by the Representative of the Government of Uruguay on 8 April 1982 (see summary record of the Committee's 359th meeting, document CCPR/C/SR.359, para. 17) that these documents are readily available to any interested party. In the light of these assurances given before the Committee by the Representative of the Government of Uruguay, assurances the Committee does not wish to doubt were given in good faith, it is all the more disturbing that, 18 months later, not a single such document has been received from the State party, in spite of the Committee's continued and repeated requests. In these circumstances, and considering that the State party has never offered any explanation as to why the documents in question have not been made available to the Committee, the failure to produce these documents inevitably raises serious doubts concerning them. If reasoned decisions exist, it is not understandable why such pertinent information is withheld. The lack of precise information seriously hampers the discharge of the functions of the Committee under the Optional Protocol.

10.3. With respect to the state of health of the alleged victim, the Committee finds that the information before the Committee in regard to the treatment of Mr. Oxandabarat after 23 March 1976 (the date on which the Covenant and the Optional Protocol entered into force for Uruguay) does not justify a finding of a violation of article 10 (1) of the Covenant.

11. The Human Rights Committee, acting under article 5 (4) of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts as found by the Committee, in so far as they continued or occurred after 23 March 1976, disclose violations of the International Covenant on Civil and .Political Rights, particularly of:

Article 14, paragraph 3 (b), because Batlle Oxandabarat did not have adequate legal assistance for the preparation of his defence;

Article 14, paragraph 3 (c), because he was not tried without undue delay.

12. The Committee, accordingly, is of the view that the State party is under an obligation to provide Batlle Oxandabarat with effective remedies, and, in particular, to ensure that he continues to receive all necessary medical care and to transmit a copy of these views to him.