Communication No. 263/1987
Submitted by: Miguel González del Río
Date of communication: 19 October 1987
Alleged victim: The author
State party: Peru
Date of adoption of Views: 28 October 1992 (forty-sixth session )
2.2
The author contends that a libelous press
campaign against him and the other accused in
the case, including the former Minister of Justice,
Enrique Elías Laroza, accompanied the 1986
presidential elections in Peru. In spite of this
campaign, led by papers loyal to the
Government, Mr. Elías Laroza was elected
deputy. Because of his parliamentary immunity,
Mr. Elías Laroza, the principal target of the
Comptroller General’s report, was not subjected
to arrest or detention, although a congressional
investigation as to the charges that could be filed
against the former Minister was initiated. He
notes that the lower officials, including himself,
have been subjected to detention or threats of
detention.
Subject matter: Dismissal of a public servant
Procedural issues: State party failure to make a
submission on the merits—Non-exhaustion of
domestic remedies—Unreasonably prolonged
proceedings
Substantive issues: Arbitrary arrest or
detention—Right to take proceedings before a
court—Right to leave any country, including
one’s own—Restrictions necessary to protect
national security or public order—Right to be
presumed innocent—Equality before the courts—
Right to a trial before an impartial tribunal—
Prohibition of unlawful attacks on one’s honour
or reputation
Articles of the Covenant: 9(1) and (4), 12(1) and
(3), 14(1) and (2) and 17(1)
2.3
The author filed an action for amparo
before the Vigésimo Juzgado Civil of Lima to
suspend the Resolution of the Comptroller
General. The judge granted the suspension and
the Comptroller appealed, claiming that an action
of amparo was premature and that the author
should first exhaust available administrative
remedies. The Court, however, ruled that in the
circumstances it was not necessary to take the
matter before the administrative tribunals, and as
to the merits of the case, that the right of defence
of the author and the other accused had been
violated, since they had been ordered by the
Comptroller General to make payments without
proper determination of the sum or opportunity
to study the books and compare the figures. The
Court further decided that the Comptroller
General did not have the authority to dismiss the
author, nor to give retroactive effect to his
resolutions. On appeal, however, the Superior
Court of Lima reversed this finding, and the
Supreme Court confirmed. The author then filed
for amparo with the Constitutional Court
(Tribunal de Garantías Constitucionales) alleging
abuse of power by the Comptroller General,
breach of the constitutional rights of defence and
denial of access to documentation for the
defence. By judgement of 15 September 1986,
the Constitutional Court decided in the author’s
favour, ordering the suspension of the
Articles of the Optional Protocol: 4(2) and
5(2)(b)
1.
The author of the communication is
Miguel González del Río, a naturalized Peruvian
citizen of Spanish origin, at present residing in
Lima, Peru. He claims to be a victim of
violations by Peru of articles 9, paragraphs 1 and
4, 12, 14, paragraphs 1 and 2, 17 and 26 of the
International Covenant on Civil and Political
Rights.
The facts as submitted
2.1
From 10 February 1982 to 28 December
1984, the author served as Director-General of
the penitentiary system of the Peruvian
Government. By Resolution No. 072-85/CG
of 20 March 1985, the Comptroller General of
Peru accused the author and several other
high officials of illegal appropriation of
government funds, in connection with purchases
of goods and the award of contracts for the
construction of additional penitentiaries. With
retroactive effect, Mr. González’ resignation,
tendered on 28 December 1984, was transformed
into a dismissal.
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