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
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