Sala de la Corte Superior de Lima). No submission
from the State party on the question of admissibility
was received, in spite of a reminder sent on
14 August 1989.
2.5 An action against the Chamber of Deputies
concerning the author's rights to severance pay
(pensíon de cesantía) has been pending before the
Supreme Court (Segunda Sala de la Corte Suprema)
since 1 February 1989. In October 1989 the
competent organ of the Chamber of Deputies
resolved to grant him severance pay corresponding
to his 26 years of civil service. The President of the
Chamber, however, never signed the resolution and
to this date no pension has been paid.
4.2 During its forty-first session, the Committee
considered the admissibility of the communication.
It ascertained, as it is required to do under article 5,
paragraph 2 (a), of the Optional Protocol, that the
same matter was not being examined under another
procedure of international investigation or
settlement. With regard to article 5, paragraph 2 (b),
of the Optional Protocol, the Committee was unable
to conclude, on the basis of the information before it,
that there were effective remedies available to the
author which he could or should have pursued.
Moreover, the application of existing remedies had
been unreasonably prolonged within the meaning of
article 5, paragraph 2 (b), of the Optional Protocol.
2.6 He further alleges that members of his family
have been subjected to ill-treatment and humiliation,
in particular that in 1989 his 22-year-old son Carlos
was arbitrarily detained by the police and subjected
to beatings, that he was given a shower in his clothes
at the Lince police station, as a consequence of
which he became ill and had to be hospitalized in the
bronchio-pulmonary section of a clinic and that his
other son Lorenzo was subjected to arbitrary arrest
and detention on two occasions; moreover, that as
part of the general harassment against the Orihuela
family, his son Carlos has been barred from
participating in the entrance examinations to the
university. He has denounced these abuses to the
competent prosecuting authorities (Fiscalía Penal de
Turno), without redress.
4.3 With regard to the author's allegations relating
to an arbitrary denial of redress for the dismissal
from his post as counsel for the Chamber of
Deputies, as well as his claim to have been subjected
to unfair judicial proceedings and judicial bias, the
Committee found that these allegations had not been
substantiated, for purposes of admissibility.
4.4 The Committee found that the author's other
allegations, in particular those related to the arbitrary
denial of severance pay as well as those related to
the harassment of his family, notably his two sons,
had been substantiated, for purposes of admissibility,
and should be considered on the merits.
Complaint and relief sought
3.
The author alleges that he and his family have
been subjected to defamation and discrimination
because of their political opposition to the
Government of the then President Alan García of the
American Popular Revolutionary Alliance party, and
that all attempts to obtain redress have been met by a
politically motivated denial of justice. In particular,
he claims that his sons have been subjected to
arbitrary arrest and ill-treatment, and that he was
unjustly dismissed from the civil service and denied
a fair hearing in the courts, that he is being debarred
from reinstatement in any post in the civil service,
that he received no severance pay upon dismissal
after 26 years of service, and that his honour and
reputation have been unjustly attacked. He seeks,
inter alia, reinstatement in his post and
compensation for the unjust dismissal.
5.
On 22 March 1991, the Human Rights
Committee declared the communication admissible
inasmuch as it might raise issues under articles 10,
17 and 26 of the Covenant. The Committee again
requested the State party to forward copies of any
relevant orders or decisions in the author's case, and
to clarify the relationship between the Chamber of
Deputies and the Civil Service Tribunal and other
courts.
Examination of the merits
6.1 In spite of reminders sent to the State party
on 9 January and 26 August 1992, only a submission
concerning domestic remedies was received, but no
submission on the merits of the case. The Committee
notes with concern the lack of any cooperation on
the part of the State party in respect of the substance
of the author's allegations. It is implicit in article 4,
paragraph 2, of the Optional Protocol that a State
party to the Covenant must investigate in good faith
all the allegations of violations of the Covenant
made against it and its authorities, and furnish the
Committee with detailed information about the
measures, if any, taken to remedy the situation. In
the circumstances, due weight must be given to the
Admissibility considerations
4.1 On 21 November 1988, the State party was
requested to furnish information on the question of
admissibility of the communication, including
details of effective domestic remedies. The State
party was also requested to furnish the Committee
with copies of all relevant administrative and judicial
orders and decisions in the case, in so far as they had
not already been submitted by the author, and to
inform the Committee of the status of the action
pending before the Superior Court of Lima (Segunda
22
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