301. The report was introduced by the representative of the State party, who said that the current dynamics of terrorist violence in Peru had prevented the Government from giving full legal scope to the promotion and observance of civil and political rights. As an illustration of the troubled situation in Peru, the representative explained that the Public Prosecutor for Terrorism, who was the person originally designated to present the report to the Committee, was not able to come owing to death threats from the Shining Path (Sendero Luminoso) terrorist group. In such difficult circumstances, the Peruvian Government had nevertheless developed a comprehensive human rights strategy that had led to the issuance of new legislative decrees and the adoption of other provisions to deal with human rights problems involving civil and political rights. Those new measures included the promulgation of the new Penal Code, the establishment of the Council for Peace, the delegation of authority to government inspectors during states of emergency, enhancement of the powers of political authorities in zones of states of emergency where the armed forces had assumed control, the setting up of a register of detained persons and the implementation of a national plan for publicizing and teaching the Constitution of Peru ana" human rights instruments. Constitutional and legal framework within which the Covenant is implemented. in particular during the state of emergency 302. With respect to that issue, members wished to receive information or clarification concerning measures to bring Peruvian legislation in line with the Covenant; the remedies of habeas corpus or amparo; the functions and operation of the legal system; the rights derogated from during the successive states of emergency and the resulting impact on the exercise of the rights guaranteed under the Covenant; effective remedies for violation of human rights during a state of emergency; the respective powers of the Government as well as other constitutional bodies and the armed forces during a state of emergency; the impact of subversive and drug-trafficking activities; and the Government's efforts to comply with the provisions of the Covenant and to promote public awareness of human rights instruments. Members also wished to be advised of the follow-up action taken as a result of the views adopted by the Committee with regard to Peru in communications Nos, 202/1986 and 203/1986. 303. In addition, members wished to know which practical measures had been implemented to ensure the effective enjoyment of human rights, in particular during a state of emergency; how the declaration of localized or short-term states of emergency could be reconciled with the Covenant; why article 2 (2) of the Peruvian Constitution, guaranteeing equality without discrimination, did not include all the categories listed in article 2 of the Covenant; what were the "expeditious actions" that had been taken to suppress terrorism; whether the reported 5,000 disappearances could be attributed to the "excesses" of a few members of the military; what were the lowest courts before which actions of habeas corpus or amparo could be brought; what the proposed preventive action of habeas corpus would consist of; how the reported massacre by the armed forces in Callara could be justified by the so-called principle of collective responsibility; and how the independence of the judicial system could be guaranteed, in practice, by the Public Prosecutor's Office. Members wished to know further whether the National Council for Human Rights was also responsible for preparing reports for submission to international organizations; whether the texts of treaties relating to human -70-