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. 68