Celis Laureano and to ascertain whether she is still alive have been exhausted. 2.6 On 24 August 1992, the Commander of the Huacho Police Station informed the prosecutor's office that he had received information from the DINCOTE headquarters in Lima according to which Ana Celis Laureano was suspected to be the person in charge of guerrilla activities in the Ambar District, and that she had participated in the attack on a military patrol in Parán. 2.13 On 18 September 1992, the case of Ms. Laureano was registered before the United Nations Working Group on Enforced or Involuntary Disappearances1 (Case No. 015038, transmitted first to the Peruvian Government on 18 September 1992; retransmitted on 11 January 1993). In November 1992, the Peruvian Government notified the Working Group that the Prosecutor's Office in Huacho (Segunda Fiscalía Provincial Mixta de Huacho) was investigating the case, but that it had not yet located Ms. Laureano, nor those responsible for her disappearance. It added that it had requested information from the Ministry of Defence and the Ministry of the Interior. Similar notes dated 13 April and 29 November 1993 addressed to the Working Group reiterate that investigations into the case continue, but that they have been so far inconclusive. 2.7 On 4 September 1992, the author filed a request for habeas corpus with the Second Criminal Court (Segundo Juzgado Penal) of Huacho. This initial petition was not admitted by the judge, on the ground that the "petitioner should indicate the location of the police or military office where the minor is detained, and the exact name of the military officer in charge [of this office]". 2.8 On 8 September 1992, the Centro de Estudios y Acción para la Paz (CEAPAZ), intervening on behalf of the author, petitioned the National Minister of Defence, requesting him to investigate Ana Laureano's detention and/or her disappearance; it pointed out that she was a minor and invoked, in particular, the United Nations Convention on the Rights of the Child, ratified by Peru in September 1990. On 16 September 1992, the Secretary-General of the Ministry of Defence informed CEAPAZ that he had referred the case to the armed forces, with a view to carrying out investigations. No further information was received. The complaint 3.1 The unlawful detention of Ms. Laureano and her subsequent disappearance, which the author attributes to the armed forces of Peru, are said to amount to violations of articles 6, paragraph 1; 7; 9; and 10, paragraph 1, of the Covenant. 3.2 Furthermore, it is submitted that the State party violated article 24, paragraph 1, as it failed to provide Ana R. Celis Laureano with such measures of protection as are required by her status as a minor. The State party's failure to protect her rights, to investigate in good faith the violations of her rights and to prosecute and punish those held responsible for her disappearance is said to be contrary to article 2, paragraphs 1 and 3, of the Covenant. 2.9 On 8 September 1992, CEAPAZ petitioned the Director of DINCOTE, asking him to verify whether Ana Celis Laureano had in fact been detained by its units and whether she had been brought to one of its quarters. On 15 September 1992, the Director of DINCOTE replied that her name was not listed in the registers of detained persons. State party's information and observations on the admissibility of the case and counsel's comments thereon 2.10 A request for information and an investigation of the case was also sent, on 8 and 9 September 1992, to the Director of the Human Rights Secretariat of the Ministry of Defence, to the Minister of the Interior and the commanders of the military bases in Andahuasi and Antabamba. No reply was given to these petitions. 4.1 In a submission dated 10 June 1993, the State party draws on information provided by the Peruvian Ministry of Defence. The latter notes that in December 1992 investigations carried out by the security and armed forces confirmed that members of the military base in Ambar had arrested Ana R. Celis Laureano in June 1992. She allegedly had confessed her participation in an armed attack on a military patrol in Parán on 6 May 1992 and pointed out where the guerrillas had hidden arms and ammunition. In July 1992, she was handed over to the Chief of the PNP in Huacho and subsequently to the prosecuting authorities of the same town; she was charged, inter alia, with participation in a 2.11 On 30 September 1992, the author applied for habeas corpus with the presiding judge of the Second Criminal Chamber of the District High Court (Segundo Sala Penal de la Corte Superior del Distrito Judicial de Callao), asking him to admit the application and to direct the judge of the court in Huacho to comply with the habeas corpus order. It remains unclear whether any proceedings were instituted by the judicial authorities in respect of this application. 1 2.12 In the light of the above, it is contended that all available domestic remedies to locate Ana R. Established by the Commission on Human Rights in its resolution 20 (XXXVI) of 29 February 1980. 64

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents