rights, which had constitutional priority, were reflected in Peruvian legislation; whether individuals could directly invoke the provisions of the Covenant; whether the Government had inquired into alleged cases of intimidation from both terrorist groups and government agencies; whether those responsible for excesses had been found guilty and punished; what measures had been taken to overcome the problems referred to in the report of the Working Group on Enforced or rnvoluntary Disappearances (E/CH.4/1991/20); whether a private citizen could institute proceedings to declare a law unconstitutional; and what difficulties had been encountered by the judiciary when trying offences committed by the armed forces. 304. In his response to the questions raised by members of the Committee, the representative of the State party said that the Peruvian Constitution contained specific provisions that reflected the Covenant, and the Government had also been amending national legislation to conform with the Covenant. Article 101 of the Constitution stipulated that international treaties formed part of Peruvian law and prevailed over conflicting national provisions. The Court of Constitutional Guarantees, having the competence to declare the unconstitutionally of laws and decrees, was the highest body qualified to deal with habeas corpus and amparo. 305. In connection with the questions relating to states of emergency, the representative explained that the rights to personal freedom, the security and inviolability of the home and freedom of assembly and of movement within the national territory could only be suspended but not derogated from upon the declaration of a state of emergency. The remedies of habeas corpus and as well as the remedy of preventive habeas corpus, remained available p to persons who believed that their rights would be restricted. The situation would be improved by a new bill designed to overcome shortcomings in national legislation and to ensure full enjoyment of the right to habeas corpus. 306. Concerning other questions raised by members of the Committee, the representative said that it was the Government's policy to take measures to punish groups engaged in terrorism or drug trafficking. In a Memorandum of Understanding signed in 1991 between Peru and the United States of America to combat illicit drug trafficking, specific provisions were included to ensure that human rights would be respected when carrying out the anti-drug strategy. Teaching the provisions of the Covenant and other international human rights instruments had been made obligatory in educational institutions, both military and civilian, at all levels. The authorities in Peru had been making efforts to defend human rights and were considering ways to follow up on United Nations documents and to improve observance of the provisions of the Covenant. 307. The representative of the State party stressed that one of the main obstacles to the full implementation of the rule of law and of human rights in Peru was the continued activities of terrorist groups, such as the Shining Path, which could not be described as insurgents because they sought to establish totalitarianism and anti-democratic regimes and showed no respect for human rights. The Peruvian Government did not have a policy to deal with systematic violations of human rights. While mistakes could be and had been made, respect for human life was the cornerstone of Peru's democratic system and developing economy. With regard to the excesses committed by the armed forces and national police during the states of emergency from August 1989 to -71-