the author's evidence about the type of clothes and
arms of the kidnappers, and the way in which the
abduction was carried out.
terrorist group. Her case was then referred to the
judge of the Civil Court, who decreed her
provisional release. On 8 September 1992, the
commander of the military base in Ambar inquired
with the judge about the status of the case; on
11 September 1992, the judge confirmed that the girl
had been abducted one month earlier, and that the
judicial authorities seized of the matter attributed
responsibility for the event to members of the
military. On 21 September 1992, the AttorneyGeneral of the Second Prosecutor's Office (Fiscal de
la Segunda Fiscalía de la Nación) reported on the
action taken by his office until then; he issued a list
of eight police and military offices and concluded
that Ms. Laureano was not detained in any of these
offices.
5.2 Counsel contends that the State party merely
speculates when it asserts that Ms. Laureano was
detained because of her terrorist activities and that
the guerrillas themselves may have intervened to
kidnap her; he notes that it was the military which
accused her of being a member of Shining Path, and
that the courts have not yet found her guilty. Counsel
further forwards a statement from Ms. Laureano's
grandmother, dated 30 September 1992, which states
that prior to, and subsequent to, the disappearance of
her granddaughter, a captain of the Ambar military
base had threatened to kill her and several other
members of the family.
4.2 The State party reaffirms that Ms. Laureano
was detained because of her terrorist activities or
affinities, and that she was handed over to the
competent judicial authorities. It submits that, in
respect of her alleged disappearance, a guerrilla
intervention should not be discarded for the
following reasons: (a) to prevent her from being
brought to justice and revealing the structure of the
terrorist branch to which she belonged; and (b) it
may have been that she was eliminated as a reprisal
for having pointed out the location where the
guerrillas had hidden arms and ammunition after the
attack in Parán. Finally, it is submitted that any
presumed responsibility of the Peruvian armed
forces in this respect should be removed on the
following grounds: the inquiries of the Ministry of
Public Affairs with the military and the police
offices in Huacho and Huaura, which confirmed that
Ms. Laureano was not detained; and the vagueness
of the claim inasmuch as the author only refers to
"presumed perpetrators" ("la imprecisión de la
denuncia por cuanto en ella se hace alusiones vagas
sobre los presuntos autores").
5.3 On the requirement of exhaustion of domestic
remedies, counsel suggests that the President of the
High Court, having decided on the admissibility of
the petition for habeas corpus, referred it back to the
court of first instance which, after hearing the
evidence, concluded that military personnel were
involved in the abduction and disappearance of Ana
R. Celis Laureano. It is noted that, in spite of these
findings, Ms. Laureano has not been located to date,
that no criminal proceedings have been instituted
and that her family has not been compensated.
6.1 By submission of 6 September 1993, the State
party argues that the Committee has no competence
to consider the case, which is already under
examination by the United Nations Working Group
on Enforced or Involuntary Disappearances. In this
context, the State party invokes article 5,
paragraph 2 (a), of the Optional Protocol.
6.2 In reply, counsel points out that the Working
Group on Enforced or Involuntary Disappearances
has a specific mandate, i.e. to examine allegations
relevant to the phenomenon of disappearances,
receiving information from Governments, nongovernmental, intergovernmental or humanitarian
organizations and other reliable sources and making
general recommendations to the Commission on
Human Rights. He argues that the Working Group's
objectives are strictly humanitarian and its working
methods are based on discretion; it does not identify
those responsible for disappearances and does not
deliver a judgement in a case which, to counsel, is an
essential element of a "procedure of international
investigation or settlement". He concludes that a
procedure limited to the general human rights
situation in a particular country, which does not
provide for a decision on the specific allegations
made in a particular case, or for an effective remedy
for the alleged violations, does not constitute a
procedure of investigation or settlement within the
meaning of article 5, paragraph 2 (a), of the Optional
Protocol.
5.1 In comments dated 19 September 1993,
counsel notes that the Ministry of Defence is
neither competent nor in the position to draw
conclusions from investigations which should be
undertaken by the judiciary. He points out that the
State party admits the events which occurred prior
to Ms. Laureano's disappearance, i.e., that she had
been detained by the military, and that the judge on
the Civil Court in Huacho himself held the military
responsible for her abduction. By merely referring
to the negative results of inquiries made by the
Attorney-General of the Second Prosecutor's
Office, the State party is said to display its
unwillingness
to
investigate
the
minor's
disappearance seriously, and to ignore the principal
elements inherent in the practice of forced
disappearances, i.e., the impossibility of identifying
those responsible because of the way in which
security forces operate in Peru. Counsel refers to
65
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