disappearance and locate her whereabouts to ensure
her security and welfare, given that Ms. Laureano
was under age at the time of her disappearance. It
concludes that, in the circumstances, Ms. Laureano
did not benefit from such special measures of
protection she was entitled to on account of her
status as a minor, and that there has been a violation
of article 24, paragraph 1.
8.5 With regard to the claim under article 7, the
Committee recalls that Ms. Laureano disappeared
and had no contact with her family or, on the basis of
the information available to the Committee, with the
outside world. In the circumstances, the Committee
concludes that the abduction and disappearance of
the victim and prevention of contact with her family
and with the outside world constitute cruel and
inhuman treatment, in violation of article 7, juncto
article 2, paragraph 1, of the Covenant.
9.
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 the Committee
reveal violations of articles 6, paragraph 1; 7; and 9,
paragraph 1, all juncto article 2, paragraph 1; and of
article 24, paragraph 1, of the Covenant.
8.6 The author has alleged a violation of article 9,
paragraph 1, of the Covenant. The evidence before
the Committee reveals that Ms. Laureano was
violently removed from her home by armed State
agents on 13 August 1992; it is uncontested that
these men did not act on the basis of an arrest
warrant or on orders of a judge or judicial officer.
Furthermore, the State party has ignored the
Committee's requests for information about the
results of the author's petition for habeas corpus,
filed on behalf of Ana R. Celis Laureano. The
Committee finally recalls that Ms. Laureano had
been provisionally released into the custody of her
grandfather by decision of 5 August 1992 of a judge
on the Civil Court of Huacho, i.e., merely eight days
before her disappearance. It concludes that, in the
circumstances, there has been a violation of article 9,
paragraph 1, juncto article 2, paragraph 1.
10. Under article 2, paragraph 3, of the Covenant,
the State party is under an obligation to provide the
victim and the author with an effective remedy. The
Committee urges the State party to open a proper
investigation into the disappearance of Ana Rosario
Celis Laureano and her fate, to provide for
appropriate compensation to the victim and her
family, and to bring to justice those responsible for
her disappearance, notwithstanding any domestic
amnesty legislation to the contrary.
11. 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,
the State party has undertaken to ensure to all
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 View.
8.7 The author has claimed a violation of article
24, paragraph 1, as the State party failed to protect
his granddaughter's status as a minor. The
Committee notes that during the investigations
initiated after the author's initial detention by the
military, in June 1992, the judge on the civil court of
Huacho ordered her provisional release because she
was a minor. However, subsequent to her
disappearance in August 1992, the State party did
not adopt any particular measures to investigate her
67
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