C. Views of the Human Rights Committee under article 5 (4) of the Optional Protocol to the International Covenant on Civil and Political Rights Communication No. 309/1998 Submitted by: Carlos Orihuela Valenzuela Alleged victim: The author and his family State party: Peru Declared admissible: 22 March 1991 (forty-first session) Date of adoption of Views: 14 July 1993 (forty-eighth session) unsuccessfully tried all administrative and judicial remedies. He alleges that the proceedings have been frustrated for political reasons and have been unduly prolonged. On 7 November 1985 he petitioned for the reconsideration of his dismissal (recurso de reconsideración) but he alleges that, on the express order of a senior deputy, his petition was not processed. On 10 April 1986, he renewed his request by way of a complaint (queja), which was similarly not processed by the authorities. On 8 May 1986, he lodged an action (denuncia) before the President of the Chamber of Deputies, again without any response. On 11 June 1986, he addressed a request to the Chamber of Deputies based on Law 24514 and Legislative Decree No. 276, again without any response. On 23 June 1986, he presented an appeal (recurso de apelación) to the President of the Chamber of Deputies, which was similarly ignored. Subject matter: Claim of arbitrary denial of severance pay and harassment of individual dismissed from job allegedly for political reasons Procedural issues: State party’s failure to submit information on admissibility and merits – Ineffective and unreasonably prolonged remedies – Lack of substantiation of claim – Standing of the author’s sons Substantive issues: Equal protection before the law – Ill-treatment Articles of the Covenant: 10, 17 and 26 Articles of the Optional and 5 (2) (b) Protocol: 2, 4 (2) 1. The author of the communication dated 29 June 1988 is Carlos Orihuela Valenzuela, a Peruvian citizen residing at Lima, Peru. He claims to be a victim of a violation by the Government of Peru of his human rights but does not invoke any articles of the International Covenant on Civil and Political Rights. 2.3 On 2 July 1986, he had recourse to the Civil Service Tribunal (Tribunal del Servicio Civil en Apelación), but three months later the Chamber of Deputies addressed a memorandum to the Tribunal ordering it to respect its resolution dismissing the author, invoking article 177 of the Peruvian Constitution. This last administrative instance allegedly complied with the order of the Chamber of Deputies and terminated its investigation of the case. Facts as submitted by the author 2.1 The author, a member of the Peruvian bar (Colegio de Abogados) and a civil servant for 26 years, was named counsel for the Chamber of Deputies in 1982 and served in the Peruvian Human Rights Commission for five years. Following the change of government in Peru in 1985, he was dismissed from his post at the Chamber of Deputies without any administrative proceedings. The author states that he has six school-age children and that he is not receiving the civil servant's pension to which he claimed to be entitled. 2.4 On 5 September 1986, the author filed an action for reinstatement in the civil service with a court of first instance in Lima, which, on 23 July 1987, decided against him. On appeal, the matter was taken up by the Superior Court of Lima (Segunda Sala Civil de la Corte Superior de Lima), which, on 21 March 1988, requested the Civil Service Tribunal to forward the author's dossier. The Civil Service Tribunal did not comply with the request of the Superior Court and, by order of 29 December 1988, the Superior Court dismissed the appeal. 2.2 With regard to the requirement of exhaustion of domestic remedies, the author states that he has 21