groups. It is troubled by the great number of complaints of extrajudicial executions and disappearances attributed to the security forces. In this respect, the Committee is deeply concerned about the absence of civilian control over the military and paramilitary groups, especially in the zones under their control, which in some cases amounts to impunity. In particular, the Committee regrets that those groups can be tried for acts of violence only under military law. The Committee considers that combating terrorism with arbitrary and excessive State violence cannot be justified under any circumstances. 344. The Committee also expresses concern about the circumstances relating to the events of 5 April 1992. The terms of Decree-Law No. 25418, which transformed the Executive into a Government of Emergency and National Reconstruction and dissolved other constitutional powers, has effectively suspended important parts of the Constitution and rendered the state of law uncertain; it has left the legal system and the judiciary in disarray; it has also resulted in the de facto suspension of habeas corpus and amp_aro_ and in the retroactive application of new legislation, especially that drawn up for specific cases. 345. The Committee has serious concerns about the application of the state of emergency in Peru. No formal notice of derogation relating to this period has been received by the Secretary-General. Procedural requirements have not been complied with. Although the Peruvian delegation told the Committee that no non-derogable right under article 4 had been derogated from, the Committee was not informed which articles of either the Covenant or the Constitution were regarded as suspended. 346. The temporary detention on 5 April 1992 of opposition leaders, mainly politicians, labour leaders and journalists, is also a cause for concern and the Committee floes not find the reasons for such attentions convincing. Kor can the unavailability of certain rights to those and other persons, resulting from the events of 5 April 1992, be legally justified. 347. The Committee also observes with concern that many people, including women and children, are held for prolonged periods before trial in police cells. That is not compatible with the rights guaranteed under article 9 of the Covenant. 348. A further matter of concern related to follow-up action taken pursuant to the views adopted by the Committee under the Optional Protocol with regard to Peru, namely communications Nos. 202 (1986) and 203 (1986). The Committee regrets that no response has been received, despite the request by its Rapporteur on Follow-up and repeated queries raised during the dialogue. 4. Suggestions and recommendations 349. The Committee notes the intention of the Government of Peru to restore democracy and the rule of law. However, it considers that, especially during the current period in which the totality of the State's powers lies in the Executive, the Government must pay due attention to the implementation of the rights and freedoms guaranteed under the Covenant. In the event th&t emergency circumstances warrant derogation from such rights, they should be -82-