before it, that the denial of severance pay to a longstanding civil servant who is dismissed by the Government constitutes, in the circumstances of this case, a violation of article 26 and that Mr. Orihuela Valenzuela did not benefit "without any discrimination [from] equal protection of the law". Therefore, the Committee finds that there has been a violation of article 26 of the Covenant. author's allegations, to the extent that they have been substantiated. 6.2 As to the alleged violation of article 10, paragraph 1, of the Covenant, in respect of the author's children, the Committee notes that the material before it indicates that the author's two adult sons have been subjected to ill-treatment during detention, including beatings. The author's adult sons, however, are not co-authors of the present communication and therefore the Committee makes no finding in regard to a violation of their rights. 7. The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it reveal a violation of article 26 of the Covenant. 6.3 The Committee notes that these allegations of ill-treatment against members of the author's family have not been contested by the State party. However, the author's allegations do not provide sufficient substantiation so as to justify a finding of a violation of article 17 of the Covenant. 8. The Committee is of the view that Mr. Carlos Orihuela Valenzuela is entitled, under article 2, paragraph 3 (a), of the Covenant, to an effective remedy, including a fair and non-discriminatory examination of his claims, appropriate compensation and such severance pay as he would be entitled to under Peruvian law. The State party is under an obligation to take measures to ensure that similar violations do not occur in the future. 6.4 The Committee has noted the author's claim that he has not been treated equally before the Peruvian courts in connection with his pension claims. The State party has not refuted his allegation that the courts' inaction, the delays in the proceedings and the continued failure to implement the resolution of October 1989 concerning his severance pay are politically motivated. The Committee concludes, on the basis of the material 9. The Committee would wish to receive information, within 90 days, on any relevant measures taken by the State party in respect of the Committee's Views. Communication No. 314/1988 Submitted by: Peter Chiiko Bwalya on 30 March 1988 Alleged victim: The author State party: Zambia Declared admissible: 21 March 1991 (forty-first session) Date of adoption of Views: 14 July 1993 (fifty-eighth session) 1. The author of the communication is Peter Chiiko Bwalya, a Zambian citizen born in 1961 and currently chairman of the People's Redemption Organization, a political party in Zambia. He claims to be a victim of violations of the International Covenant on Civil and Political Rights by Zambia. Subject matter: Detention and intimidation of leader of a political opposition party – Restrictions on right to take part in the conduct of public affairs Procedural issues: State party’s failure to comment on admissibility – Sufficiency of State party’s reply under article 4 (2) – Exhaustion of domestic remedies Facts as submitted by the author 2.1 In 1983, at the age of 22, the author ran for a parliamentary seat in the Constituency of Chifubu, Zambia. He states that the authorities prevented him from properly preparing his candidacy and from participating in the electoral campaign. The authorities' action apparently helped to increase his popularity among the poorer strata of the local population, as the author was committed to changing the Government's policy towards, in particular, the homeless and the unemployed. He claims that in Substantive issues: Threats to personal security – Arbitrary detention – Freedom of movement – Freedom of expression – Right to take part in public affairs – Discrimination based on political opinion Articles of the Covenant: 7, 9, 10, 12, 19, 25 and 26 Articles of the Optional Protocol: 2, 4 (2) and 5 (2) (b) 23

Select target paragraph3

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