such violations. The State party is also under an
obligation to take measures to prevent similar
violations in the future.
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 Views. The
State party is also requested to publish the
Committee’s Views.
12. 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,
that State party has undertaken to ensure all
Communication No. 1016/2001
Submitted by: Rubén Santiago Hinostroza Solís (not represented by counsel)
Alleged victim: The author
State party: Peru
Date of adoption of Views: 27 March 2006
Subject matter: Dismissal of a public servant owing
to the restructuring of the organization
was 61 years old, although the legal retirement age
for National Customs Authority employees under the
Public Service Act was 70. On 19 February 1992,
the Tribunal declared that his appeal was unfounded.
Procedural issues: --Substantive issues: Age discrimination
2.3 On 5 December 1991, the author submitted a
complaint against the aforementioned resolution to
the National Civil Service Tribunal, requesting
reinstatement in his job. On 19 February 1992, the
complaint was declared unfounded.
Article of the Covenant: 25, para. (c)
Finding: No violation
1.1 The author of the communication, which is
dated 19 July 1999, is Rubén Santiago Hinostroza
Solís, a Peruvian national, who claims to be a victim
of a violation by Peru of article 25 (c) of the
Covenant. He is not represented by counsel.
2.4 The author submitted an administrative claim
to the labour division of the Lima High Court of
Justice on 26 March 1992. In its judgement of 28
December 1994, the labour division allowed the
claim, finding that the author had been dismissed
illegally, being under the legal retirement age, and
that he had the right to be reinstated in his job.
1.2 The Optional Protocol entered into force for
Peru on 3 January 1981.
2.5 On 11 December 1995, the State Procurator
lodged an appeal before the Supreme Court. On 21
August 1996, the Supreme Court declared the
judgement of the Lima High Court null and void for
technical reasons, and ordered that another
judgement be issued.
The facts as presented by the author
2.1 The author worked as a public servant in the
National Customs Authority (SUNAD). Supreme
Decree No. 043-91-EF of the Executive called for
the reorganization of that body, including a
reduction in the number of staff. In this connection,
the National Customs Authority issued resolution
No. 6338 of 5 September 1991 in which it declared a
number of its employees redundant and ordered their
dismissal on the basis of two criteria: time in service
(25 years or more for women and 30 for men) and
age (55 or older for women and 60 for men). The
author, who was 61 years old and had 11 years of
service, was one of those employees.
2.6 On 13 October 1997, the Lima High Court
again ruled that the appeal was justified and ordered
that the author be reinstated in his job. The State
again lodged an appeal with the Supreme Court. The
judgement of 7 October 1998 upheld the appeal,
finding that the National Customs Authority had
good reason to dismiss the author, since it was
endeavouring to reduce civil service staff, which was
“oversized”.
2.2 On 5 December 1991, the author appealed
against the resolution before the National Civil
Service Tribunal, alleging that he had been
dismissed without any notification and because he
2.7 The case has not been submitted to another
procedure of international investigation or
settlement.
65
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