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24 October 2000
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Human Rights Committee
70th session
24 October 2000
Morning
Experts Express Concern about
High Death Toll Due to Illegal Abortions
The Human Rights Committee this morning continued its consideration of the fourth periodic report of Peru with experts expressing their concern about the high number of deaths caused by illegal abortions.
In the course of the discussion, a Committee expert said he was disturbed by the violation of the independence of the judiciary in Peru and about the situation of temporary judges. What had happened at the constitutional court was an issue which had caused anxiety; three of the judges were removed by the country's President after they ruled that the President's attempt to seek a third term in office was anti-constitutional, the expert said.
Several experts also expressed concern about the high death toll among women caused by abortions which were illegal under Peruvian law. The delegation said that if a raped women became pregnant, her attempt to abort could lead her to an imprisonment term.
Peru is among the 148 States parties to the International Covenant on Civil and Political Rights and as such it must provide periodic summaries of its efforts on implementing the provisions of the treaty in the country.
When the Committee reconvenes at 3 p.m. it will conclude its consideration of the report of Peru, and then consider communications in private.
Discussion
At the beginning of the meeting, an expert said he was disturbed by the violation of the independence of the judiciary. What had happened at the constitutional court was an issue which caused anxiety; three of the judges were removed by the country's President after they ruled that the President's attempt to seek a third term in office was anti-constitutional.
The expert also said he was concerned about abortion and forced sterilization against women. He asked about the situation of indigenous women and their place in society. In addition, employment was influenced by racial bias and black citizens, among others, were discriminated against in job opportunities.
In response to a number of oral questions raised by Committee experts yesterday afternoon and this morning, the members of the Peruvian delegation said that provisional judges were subjected to terms laid down by their appointment which stipulated that they only replaced some senior judges. The academy of magistrates was developing programmes of training for judges and already 350 of them were ready to assume permanent posts. Because of the compulsory nature of training, judges could not be appointed on a permanent basis. There was a bill under discussion on the sanctioning of judges.
Responding to concerns of experts on prison conditions and overcrowding, the delegation said that an expert had said that a prison built for 1,500 inmates was housing 1,800, but that situation was not new. The situation did not jeopardize the prison conditions. However, major measures had been taken to build additional prisons to reduce overcrowding. The Government had been concentrating on ways to resolve the problem of criminality from the root by trying to correct criminal behaviour.
During the last four years, the infrastructure of the prison system had been substantially improved: twenty-one prisons had been rapidly built, with maximum, medium and minimum security wings, and individual cells for prisoners charged with terrorism. Other prisons had been renovated and modernized with the purpose of enhancing the living conditions of the prison population.
Only 2 per cent of the total prison population were prisoners whose crime was related to crimes against the father land, the delegation said. Those prisoners were placed in maximum security prisons, where conditions were maintained in the same manner as that in the rest of the country's prisons.
Two cases of torture had been brought to court in which perpetrators received appropriate penalties, the delegation said. The Government was also collaborating with the Committee against Torture whose two experts had visited the country on a mission of assessment. Torture was prohibited under Peruvian law and the Constitution stipulated the no one should be subjected to mental or physical violence or to torture. The Government had also presented a report to the Working Group on Involuntary Disappearances of the Commission on Human Rights and had continued to extend its collaboration.
A statistical breakdown of the different ethnic groups of Peru had not been established by the Government for reasons of national integrity and with the aim of avoiding any trend toward racial discrimination, the delegation said. All citizens were considered as Peruvians and the country's unity was indivisible by ethnic differences.
Pre-trial detention was kept as short as possible and the judicial authorities had been attempting to maintain only a few days of pre-trial period, the delegation said. Before an individual was brought to the appropriate court, he or she could remain under police custody for 24 hours, except for cases involving terrorism, espionage or drug-trafficking. In such cases, police might place a person presumed to be guilty under pre-trial arrest for a period not longer than 15 days. In that connection, the Government had introduced measures in which court proceedings could take a shorter period of time.
The military court had jurisdiction over civilians in matters of treason and aggravated crimes such as terrorism, the delegation said. Since 1992, 813 civilians had been sentenced by military courts for crimes of treason -- crimes against the father land. Also, during the last three years, the military courts had passed judgement on 222 civilians for crimes of terrorism.
As part of its anti-terrorist strategy and defence of the democratic institutions, Peru was duly punishing excesses committed by certain members of the security forces who were suspected of human rights violations, the delegation said. The high rank of the convicted members of the armed forces and the severity of their punishments demonstrated the Government's determination not to allow those acts to go unpunished.
The constitutional court exceeded its power in its ruling on the amendments to the Constitution in relation to the extension of the presidential term, the delegation said.
The Government lacked information on allegations of indigenous slavery which was alluded to by one of the experts, the delegation said. Such practices could have taken place in the remote jungle areas where indigenous people lived and access was impossible. The Government had in the past received complaints on the practice of slavery but was still attempting to investigate.
Several experts expressed concern that the death toll among women who underwent illegal abortions was high in Peru. The delegation said that abortion was a problem in Peruvian society because of its illegality. However, an abortion could be carried out on the basis of a medical urgency or for reasons threatening the mother's life. In the event of pregnancy following a rape, women who attempted abortion could be imprisoned.
The Constitution protected the freedom to have a religion and the freedom to manifest one's beliefs, the delegation said. It was also stipulated that every person had the right to freedom of conscience and religion, individually and collectively. There was no persecution on the ground of ideas or beliefs, and no crimes of opinion, provided that it did not offend against morals or disturb public order.
In March 1998, Peru's Congress had enacted a bill confirming and guaranteeing the full validity of the right to free expression of thought and the unrestricted practice of journalism, the delegation said. In addition, the Constitution stipulated that everyone had the right to freedom of information, opinion, expression and dissemination of ideas orally or in written form.
With regard to street children, the delegation said that the Government had been implementing programmes in which the children were involved in worthwhile activities instead of them living on streets. In addition, an Ombudsman for children and adolescents had been established and currently the Ombudsman was operating in 128 municipal offices to protect children from any form of ill-treatment and danger by promoting and safeguarding the rights of children and young people.
The Government was willing to implement any measures designed to alleviate the living conditions of its indigenous population and to reduce their marginalization, the delegation said. The majority of the Peruvian indigenous population was living below the poverty line. The Government had been promoting programmes to foster education among the indigenous population in accordance to their cultural diversity.
Concerning the recent election results, the delegation said that the electoral board had established conditions of transparency in which any irregularity had been minimized. The Ombudsman had also issued the results and a balance sheet of the costs incurred by each candidate in the course of the campaign process. The officials had been abiding by the rules of law and were observing the will of the electors. Because of the emergence of the unpropitious climate and the distorted version of the election, a new presidential election had been scheduled to take place next April. The election process between the two contenders, "Peru Possible" of the opposition and "Peru 2000" of the actual President, would take place in such a manner that allowed transparency to prevail.
In follow-up questions, Committee members asked the delegation about allegations of door-to-door campaigns in the indigenous areas for sterilization. They also asked if the Government had implemented programmes for improving the reproductive health system of the indigenous population.
* *** *
70th session
24 October 2000
Morning
Experts Express Concern about
High Death Toll Due to Illegal Abortions
The Human Rights Committee this morning continued its consideration of the fourth periodic report of Peru with experts expressing their concern about the high number of deaths caused by illegal abortions.
In the course of the discussion, a Committee expert said he was disturbed by the violation of the independence of the judiciary in Peru and about the situation of temporary judges. What had happened at the constitutional court was an issue which had caused anxiety; three of the judges were removed by the country's President after they ruled that the President's attempt to seek a third term in office was anti-constitutional, the expert said.
Several experts also expressed concern about the high death toll among women caused by abortions which were illegal under Peruvian law. The delegation said that if a raped women became pregnant, her attempt to abort could lead her to an imprisonment term.
Peru is among the 148 States parties to the International Covenant on Civil and Political Rights and as such it must provide periodic summaries of its efforts on implementing the provisions of the treaty in the country.
When the Committee reconvenes at 3 p.m. it will conclude its consideration of the report of Peru, and then consider communications in private.
Discussion
At the beginning of the meeting, an expert said he was disturbed by the violation of the independence of the judiciary. What had happened at the constitutional court was an issue which caused anxiety; three of the judges were removed by the country's President after they ruled that the President's attempt to seek a third term in office was anti-constitutional.
The expert also said he was concerned about abortion and forced sterilization against women. He asked about the situation of indigenous women and their place in society. In addition, employment was influenced by racial bias and black citizens, among others, were discriminated against in job opportunities.
In response to a number of oral questions raised by Committee experts yesterday afternoon and this morning, the members of the Peruvian delegation said that provisional judges were subjected to terms laid down by their appointment which stipulated that they only replaced some senior judges. The academy of magistrates was developing programmes of training for judges and already 350 of them were ready to assume permanent posts. Because of the compulsory nature of training, judges could not be appointed on a permanent basis. There was a bill under discussion on the sanctioning of judges.
Responding to concerns of experts on prison conditions and overcrowding, the delegation said that an expert had said that a prison built for 1,500 inmates was housing 1,800, but that situation was not new. The situation did not jeopardize the prison conditions. However, major measures had been taken to build additional prisons to reduce overcrowding. The Government had been concentrating on ways to resolve the problem of criminality from the root by trying to correct criminal behaviour.
During the last four years, the infrastructure of the prison system had been substantially improved: twenty-one prisons had been rapidly built, with maximum, medium and minimum security wings, and individual cells for prisoners charged with terrorism. Other prisons had been renovated and modernized with the purpose of enhancing the living conditions of the prison population.
Only 2 per cent of the total prison population were prisoners whose crime was related to crimes against the father land, the delegation said. Those prisoners were placed in maximum security prisons, where conditions were maintained in the same manner as that in the rest of the country's prisons.
Two cases of torture had been brought to court in which perpetrators received appropriate penalties, the delegation said. The Government was also collaborating with the Committee against Torture whose two experts had visited the country on a mission of assessment. Torture was prohibited under Peruvian law and the Constitution stipulated the no one should be subjected to mental or physical violence or to torture. The Government had also presented a report to the Working Group on Involuntary Disappearances of the Commission on Human Rights and had continued to extend its collaboration.
A statistical breakdown of the different ethnic groups of Peru had not been established by the Government for reasons of national integrity and with the aim of avoiding any trend toward racial discrimination, the delegation said. All citizens were considered as Peruvians and the country's unity was indivisible by ethnic differences.
Pre-trial detention was kept as short as possible and the judicial authorities had been attempting to maintain only a few days of pre-trial period, the delegation said. Before an individual was brought to the appropriate court, he or she could remain under police custody for 24 hours, except for cases involving terrorism, espionage or drug-trafficking. In such cases, police might place a person presumed to be guilty under pre-trial arrest for a period not longer than 15 days. In that connection, the Government had introduced measures in which court proceedings could take a shorter period of time.
The military court had jurisdiction over civilians in matters of treason and aggravated crimes such as terrorism, the delegation said. Since 1992, 813 civilians had been sentenced by military courts for crimes of treason -- crimes against the father land. Also, during the last three years, the military courts had passed judgement on 222 civilians for crimes of terrorism.
As part of its anti-terrorist strategy and defence of the democratic institutions, Peru was duly punishing excesses committed by certain members of the security forces who were suspected of human rights violations, the delegation said. The high rank of the convicted members of the armed forces and the severity of their punishments demonstrated the Government's determination not to allow those acts to go unpunished.
The constitutional court exceeded its power in its ruling on the amendments to the Constitution in relation to the extension of the presidential term, the delegation said.
The Government lacked information on allegations of indigenous slavery which was alluded to by one of the experts, the delegation said. Such practices could have taken place in the remote jungle areas where indigenous people lived and access was impossible. The Government had in the past received complaints on the practice of slavery but was still attempting to investigate.
Several experts expressed concern that the death toll among women who underwent illegal abortions was high in Peru. The delegation said that abortion was a problem in Peruvian society because of its illegality. However, an abortion could be carried out on the basis of a medical urgency or for reasons threatening the mother's life. In the event of pregnancy following a rape, women who attempted abortion could be imprisoned.
The Constitution protected the freedom to have a religion and the freedom to manifest one's beliefs, the delegation said. It was also stipulated that every person had the right to freedom of conscience and religion, individually and collectively. There was no persecution on the ground of ideas or beliefs, and no crimes of opinion, provided that it did not offend against morals or disturb public order.
In March 1998, Peru's Congress had enacted a bill confirming and guaranteeing the full validity of the right to free expression of thought and the unrestricted practice of journalism, the delegation said. In addition, the Constitution stipulated that everyone had the right to freedom of information, opinion, expression and dissemination of ideas orally or in written form.
With regard to street children, the delegation said that the Government had been implementing programmes in which the children were involved in worthwhile activities instead of them living on streets. In addition, an Ombudsman for children and adolescents had been established and currently the Ombudsman was operating in 128 municipal offices to protect children from any form of ill-treatment and danger by promoting and safeguarding the rights of children and young people.
The Government was willing to implement any measures designed to alleviate the living conditions of its indigenous population and to reduce their marginalization, the delegation said. The majority of the Peruvian indigenous population was living below the poverty line. The Government had been promoting programmes to foster education among the indigenous population in accordance to their cultural diversity.
Concerning the recent election results, the delegation said that the electoral board had established conditions of transparency in which any irregularity had been minimized. The Ombudsman had also issued the results and a balance sheet of the costs incurred by each candidate in the course of the campaign process. The officials had been abiding by the rules of law and were observing the will of the electors. Because of the emergence of the unpropitious climate and the distorted version of the election, a new presidential election had been scheduled to take place next April. The election process between the two contenders, "Peru Possible" of the opposition and "Peru 2000" of the actual President, would take place in such a manner that allowed transparency to prevail.
In follow-up questions, Committee members asked the delegation about allegations of door-to-door campaigns in the indigenous areas for sterilization. They also asked if the Government had implemented programmes for improving the reproductive health system of the indigenous population.
* *** *