such violations. The State party is also under an obligation to take measures to prevent similar violations in the future. individuals within its territory and subject to its jurisdiction the rights recognized in the Covenant and to provide an effective and enforceable remedy in case a violation has been established, the Committee wishes to receive from the State party, within 90 days, information about the measures taken to give effect to the Committee’s Views. The State party is also requested to publish the Committee’s Views. 12. Bearing in mind that, by becoming a party to the Optional Protocol, the State party has recognized the competence of the Committee to determine whether there has been a violation of the Covenant or not and that, pursuant to article 2 of the Covenant, that State party has undertaken to ensure all Communication No. 1016/2001 Submitted by: Rubén Santiago Hinostroza Solís (not represented by counsel) Alleged victim: The author State party: Peru Date of adoption of Views: 27 March 2006 Subject matter: Dismissal of a public servant owing to the restructuring of the organization was 61 years old, although the legal retirement age for National Customs Authority employees under the Public Service Act was 70. On 19 February 1992, the Tribunal declared that his appeal was unfounded. Procedural issues: --Substantive issues: Age discrimination 2.3 On 5 December 1991, the author submitted a complaint against the aforementioned resolution to the National Civil Service Tribunal, requesting reinstatement in his job. On 19 February 1992, the complaint was declared unfounded. Article of the Covenant: 25, para. (c) Finding: No violation 1.1 The author of the communication, which is dated 19 July 1999, is Rubén Santiago Hinostroza Solís, a Peruvian national, who claims to be a victim of a violation by Peru of article 25 (c) of the Covenant. He is not represented by counsel. 2.4 The author submitted an administrative claim to the labour division of the Lima High Court of Justice on 26 March 1992. In its judgement of 28 December 1994, the labour division allowed the claim, finding that the author had been dismissed illegally, being under the legal retirement age, and that he had the right to be reinstated in his job. 1.2 The Optional Protocol entered into force for Peru on 3 January 1981. 2.5 On 11 December 1995, the State Procurator lodged an appeal before the Supreme Court. On 21 August 1996, the Supreme Court declared the judgement of the Lima High Court null and void for technical reasons, and ordered that another judgement be issued. The facts as presented by the author 2.1 The author worked as a public servant in the National Customs Authority (SUNAD). Supreme Decree No. 043-91-EF of the Executive called for the reorganization of that body, including a reduction in the number of staff. In this connection, the National Customs Authority issued resolution No. 6338 of 5 September 1991 in which it declared a number of its employees redundant and ordered their dismissal on the basis of two criteria: time in service (25 years or more for women and 30 for men) and age (55 or older for women and 60 for men). The author, who was 61 years old and had 11 years of service, was one of those employees. 2.6 On 13 October 1997, the Lima High Court again ruled that the appeal was justified and ordered that the author be reinstated in his job. The State again lodged an appeal with the Supreme Court. The judgement of 7 October 1998 upheld the appeal, finding that the National Customs Authority had good reason to dismiss the author, since it was endeavouring to reduce civil service staff, which was “oversized”. 2.2 On 5 December 1991, the author appealed against the resolution before the National Civil Service Tribunal, alleging that he had been dismissed without any notification and because he 2.7 The case has not been submitted to another procedure of international investigation or settlement. 65