Dermit v. Uruguay

Abstract

State responsibility — Nature and kinds of — For breaches of treaty obligations — International Covenant on Civil and Political Rights, 1966 — Optional Protocol — Duty to take adequate measures to protect the life of detainees — Failure to provide adequate machinery to challenge legality of arrest and detention — Duty of State party to investigate allegations of violation — Findings of fact in absence of evidence from State party — Burden of proof — United Nations Human Rights Committee

State responsibility — Nature and kinds of — For wrongs unconnected with contractual obligations — Acts and omissions of State organs and officials — Exhaustion of legal remedies — International Covenant on Civil and Political Rights, 1966 — Optional Protocol — Proceedings before United Nations Human Rights Committee — Exhaustion of domestic remedies — Effectiveness of remedies before military courts — Evidence

State responsibility — Nature and kinds of — For wrongs unconnected with contractual obligations — Acts and omissions of State organs and officials — Executive action or inaction — Duty to investigate allegations of violation of International Covenant on Civil and Political Rights, 1966 — Findings of fact in absence of evidence from State party — Burden of proof — United Nations Human Rights Committee

The individual in international law — In general — Human rights and freedoms — Detention incommunicado — Right to challenge legality of arrest and detention — Right to trial without undue delay — Right to be brought promptly before a judge — Duty to take adequate measures to protect life of detainee — Exhaustion of domestic remedies — Effectiveness of remedies before military courts — International Covenant on Civil and Political Rights, 1966 — Articles 6, 9 and 14 — Optional Protocol — United Nations Human Rights Committee — Procedure — Findings of fact in absence of evidence from State party — Burden of proof — Duty of State party to investigate allegations of violations