N. Communication No.336/1988. Nicole Fillaatre v. Bolivia (views adopted on 5 November 1991, at the forty-third session) Submitted by: Nicole Fillastre (victim's wife) Alleged victims; Andre Fillastre and Pierre Bizouarn State party; Bolivia Date of communication; 27 September 1988 (date of initial submission) The Human Rights Committee, established under article 28 of the International Covenant on Civil and Political Eights, Having considered communication No. 336/1988, submitted to the Committee for consideration under the Optional Protocol to the Covenant by Mrs. Nicole Fillastre on behalf of her husband, Mr. Andre Fillastre, and on behalf of Mr. Pierre Bizouarn, Meeting on 5 November 1991, Adopts the following views under article S, paragraph 4, of the Optional Protocol. Facts as presented by the author 1. The author of the communication (initial submission dated 27 September 1988 and subsequent correspondence) is Nicole Fillastre, a French citizen residing in Le Havre, France. She submits the communication on behalf of her husband, Andre Fillastre, a French citizen and private detective by profession, currently detained at the prison of San Pedro in La Paz, Bolivia, together with another private detective, Pierre Bizouarn. By letter dated 25 May 1989, Mr. Bizouarn authorized Mrs. Fillastre to act on his behalf. 2.1 The author states that on 26 August 1987, Andre Fillastre and Pierre Bizouarn travelled to La Paz accompanied by Ms. Silke Zimmerman, a German citizen then residing in France. Andre Fillastre was travelling in his capacity as a private detective on behalf of Ms. Zimmerman, who had requested his services in order to find and repatriate her four-year-old son, Raphael Cuiza Zimmerman, living in Bolivia. Her son had allegedly been taken away from his mother by his Bolivian father, Jorge Cuiza, and flown to Bolivia. 2.2 On 3 September 1987, Andre Fillastre, Mr. Bizouarn and Ms. Zimmerman were arrested by the Bolivian police, after a complaint had been filed by the child's father, who claimed that they had manipulated their way into his home and started a brawl in which he was injured. The two detectives allegedly had abducted the child and left the home, together with the mother. Criminal proceedings were instituted against them. On 12 September 1987, the examining magistrate indicted the accused on three grounds! (a) kidnapping of a minor (secuestro v raoto propio). punishable under article 313 of the Bolivian Penal Code; (b) unauthorized entry into a home (allanarniento .de domicilio o sus dependencias; article 298 of the Bolivian Penal Code), and (c) causing grievous bodily harm (lesiones graves y leves; article 271 of the Bolivian -294-