have been received from the State party, in spite of a
reminder addressed to it on 25 September 1995. As
of 1 March 1996, no further information on the
status of the case had been received.
Committee's admissibility decision
7.1 During its fifty-first session, the Committee
considered the admissibility of the communication.
As to the State party's argument that the case is
inadmissible because it is pending before the United
Nations Working Group on Enforced or Involuntary
Disappearances, it observed that extra-conventional
procedures or mechanisms established by the United
Nations Commission on Human Rights or the
Economic and Social Council, and whose mandates
are to examine and publicly report on human rights
situations in specific countries or territories or on
major phenomena of human rights violations world
wide, do not, as the State party should be aware,
constitute a procedure of international investigation
or settlement within the meaning of article 5,
paragraph 2 (a), of the Optional Protocol. The
Committee recalled that the study of human rights
problems of a more global character, although it
might refer to or draw on information concerning
individuals, could not be seen as being the same
matter as the examination of individual cases within
the meaning of article 5, paragraph 2 (a), of the
Protocol. Accordingly, the Committee considered
that the fact that Ms. Laureano's case was registered
before the Working Group on Enforced or
Involuntary Disappearances did not make it
inadmissible under this provision.
8.2 The Committee regrets the absence of
cooperation on the part of the State party in respect
of the merits of the communication. It is implicit in
article 4, paragraph 2, of the Optional Protocol that a
State party investigate thoroughly, in good faith and
within the imparted deadlines, all the allegations of
violations of the Covenant made against it, and to
make available to the Committee all the information
at its disposal. In the instant case, the State party has
not furnished any information other than that
Ms. Laureano's disappearance is being investigated.
In the circumstances, due weight must be given to
the author's allegations, to the effect that they have
been substantiated.
8.3 In respect of the alleged violation of article 6,
paragraph 1, the Committee recalls its General
Comment 6 [16] on article 6 which states, inter alia,
that States parties should take measures not only to
prevent and punish deprivation of life by criminal
acts, but also to prevent arbitrary killing by their own
security forces. States parties should also take
specific and effective measures to prevent the
disappearance of individuals and establish effective
facilities and procedures to investigate thoroughly,
by an appropriate and impartial body, cases of
missing and disappeared persons in circumstances
which may involve a violation of the right to life.
7.2 Concerning the requirement of exhaustion of
domestic remedies, the Committee noted that the
State party had not provided any information on the
availability and effectiveness of domestic remedies
in the present case. On the basis of the information
before it, it concluded that no effective remedies
existed which the author should pursue on behalf of
his granddaughter. The Committee therefore was not
barred by article 5, paragraph 2 (b), of the Optional
Protocol from considering the communication.
8.4 In the instant case, the Committee notes that
the State party concedes that Ms. Laureano remains
unaccounted for since the night of 13 August 1992
and does not deny that military or special police units
in Huaura or Huacho may have been responsible for
her disappearance, a conclusion reached, inter alia, by
a judge on the Civil Court in Huacho. No material
evidence has been advanced to support the State
party's contention that a unit of Shining Path may
have been responsible for her abduction. In the
circumstances of the case, the Committee finds that
Ana R. Celis Laureano's right to life enshrined in
article 6, read together with article 2, paragraph 1, has
not been effectively protected by the State party. The
Committee recalls in particular that the victim had
previously been arrested and detained by the Peruvian
military on charges of collaboration with Shining
Path, and that the life of Ms. Laureano and of
members of her family had previously been
threatened by a captain of the military base at Ambar,
who in fact confirmed to Ms. Laureano's grandmother
that Ana R. Celis Laureano had already been killed.2
7.3 On 4 July 1994, the Committee declared the
communication admissible. The State party was
requested in particular to provide detailed information
on what investigations had been carried out by the
judicial authorities as a result of the author's
application for habeas corpus, and what investigations
are now being conducted with regard to the finding of
the judge on the Court of First Instance in Huacho that
military personnel were involved in the abduction of
Ms. Laureano. The State party was further requested
to provide the Committee with all court documents
relevant to the case.
Examination on the merits
8.1 The deadline for the receipt of the State
party's information under article 4, paragraph 2, of
the Optional Protocol expired on 11 February 1995.
No information about the results, if any, of further
investigations in the case, nor any court documents
2
This statement, contained in a deposition made by the
victim's grandmother on 30 September 1992, indicates in
graphic terms that Ana Celis Laureano had in fact been
eliminated.
66
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