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Peruvian prisoners are allegedly subjected to torture, experts say
23 October 2000
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Human Rights Committee
70th session
23 October 2000
Afternoon
Peruvian Prisoners Are Allegedly Subjected to Torture, Experts Say
The Human Rights Committee this afternoon started its consideration of a fourth periodic report of Peru by querying a Government delegation about prison conditions where prisoners were allegedly subjected to torture and ill-treatment by police and prison guards.
The remark came over the course of the Committee's consideration of the report on Peru's compliance with the provisions of the International Covenant on Civil and Political Rights.
Introducing the report, Edgardo Mosqueira Medina, Minister of Labour and Social Promotion of Peru, recalled that since the last report was presented to the Committee, a series of steps had been taken for the promotion and protection of human rights; and a programme of political pacification had been developed in which important objectives had been accomplished. It was also possible for the positive developments to continue and for some of the negative aspects to be corrected.
The Peruvian delegation also was made up of Jorge Voto-Bernales, Permanent Representative of Peru to the United Nations Office at Geneva; Luis Quesada Inchaustegui, Director of Human Rights at the Ministry of Foreign Affairs; Milagros Maravi and Martin Lazo Piccardo, of the Human Rights Commission of Peru; Carolina Lecinana Falconi, Executive Secretary of the National Council of Human Rights; Luis Enrique Chavez Basagoitia, from the Permanent Mission at Geneva; and Aldo Figueroa of the Ministry of Justice.
As one of the 148 States parties to the Covenant, Peru is obligated to present periodic reports to the Committee on its efforts to give effect to the provisions of the treaty.
When the Committee reconvenes at 10 a.m. on Tuesday, 24 October it will continue its review of Peru's report.
Report of Peru
The fourth periodic report of Peru (document CCPR/C/PER/98/4) enumerates the existing legislative provisions of the State which correspond with the various provisions of the Covenant. It says that women are the subject of various forms of violence, the most important of which was gender violence throughout the life cycle, followed by sexual and family violence. A family violence act was approved to protect women from such violence. Further amendments have been carried out on the same act to better adopt it to the nature of violence in the society as a whole. In addition, there are a number of institutional mechanisms in Peru for the protection of women's rights, which also promote the social and economic development of women and girls.
The report notes that Peruvian legislation contains no rule or positive law under which it is possible to engage in any activity aimed at the destruction of any of the rights and freedoms recognized in the Covenant. Both the Covenant and the American Convention limit the imposition of the death penalty to "the most serious crimes".
Presentation of Peruvian Report
EDGARDO MOSQUEIRA MEDINA, Minister of Labour and Social Promotion of Peru, recalled that since Peru had presented its last report to the Committee, a series of steps had been taken for the promotion and protection of human rights. A programme of political pacification had been developed in which important objectives had been accomplished. It was also possible for the positive developments to continue and for some of the negative aspects to be corrected.
The measures adopted against terrorism were among the most major steps taken by the Government, Mr. Medina said. The elimination of the "faceless judges", intended to prosecute persons involved in terrorism, had been another important measure. At present, terrorist violence had been dramatically diminished and there was a gradual flexibility in the application of the law on anti-terrorism. In that regard, a situation of states of emergency in some of the areas of terrorist activities had been lifted. A global promotion and protection of human rights had been implemented and a process of national reconciliation was taking place.
Further, as a consequence of the efforts for human rights promotion and reconciliation, the Government was concerned about the victims of violations of human rights, Mr. Medina continued to state. Work was being carried out to strengthen a mechanism in which victims of human rights violations during the last decades would receive reparations. A programme of comprehensive compensation for the victims of terrorism was also being studied, including for those families whose loved ones involuntarily disappeared.
Mr. Medina said that the states of emergency declared in some areas concerning national terrorism had been lifted and a normal situation was reigning. The detention of persons suspected of terrorism had also been ended. However, the arrest on flagrante delito continued without any preconditions. The prosecution under military jurisdiction for cases of treason and terrorism also continued.
He said that in the sphere of education, much progress had been made in bridging the gap between men and women. In addition, illiteracy had been reduced from 18.3 per cent to 7.8 per cent between 1993 and 1999. In the matter of gender promotion, a quota system had been established to retain 25 per cent of women candidates in elections, thus increasing the number of women participants in political decision-making.
Discussion
In response to written questions prepared by Committee experts in advance, the Peruvian officials said that the amnesty laws promulgated by the Government did not eliminate other obligations such as compensation to victims of violations of human rights. The amnesty was intended to create a stable situation following the end of terrorism in the country. A mechanism had been put in place to provide remedies to victims of human rights violations.
The Ombudsman was an independent body established constitutionally and it had the power to receive complaints of violations of rights by public agents, the delegation said. The office of the Ombudsman had been functioning since 1993 and had been protecting human rights through investigations of individual complaints. The Ombudsman also looked over the implementation of the international human rights treaties by the State. In addition, ad hoc commissions had been set up to recommend to the President acts of pardon for persons involved in terrorism cases.
At present, the states of emergency declared in the course of the hightened terrorist activities had been all lifted, the delegation said. During the states of emergency, the principles of habeas corpus and amparo had been in vigour and they were exercised by the judiciary. The military was empowered to administer other areas under the states of emergency.
As of July 1999, the country's prison population stood at 27,393 inmates of which 17,158 had been processed and 10,235 persons had been convicted, the delegation said. In July 2000, out of 27,604 inmates, 14,909 had been processed and 12,695 persons had been sentenced to prison terms. The positive development had been attributed to the de-penalization process of certain crimes and due to reform of preventive detention.
The delegation said that the status of children born out of wedlock had been changed from "illegitimate" to "extra matrimonial", thus reducing discrimination against children born outside of wedlock. In addition a law had been enacted to repeal the exemption of penalty for a violator who married his rape victim.
Efforts had been made to effectively protect the rights of women, the delegation said. Among the State bodies charged to promote women's rights were the Ministry of Interior which looked over domestic violence against women; the Ministry of Justice also had the role in strengthening peace through training of law-enforcing agents and promoting a culture of non-violence. In addition, the 1993 Constitution had explicitly set equality of opportunities between men and women in employment and equal pay for the same quality of work performed.
Further, medical and psychological assistance was made available to women victims of violence, the delegation said. In Lima, two units of surveillance of women's victims had been established with additional extensions to other provincial towns. Legal assistance was also provided to the victims, including programmes of social orientation and rehabilitation. In the Ministry of Defence, a unit had been established to assist victims of violence within the families of soldiers. The Government had also taken measures to improve the quality of assistance provided to victims of violence.
With regard to forced sterilization, the delegation said that since 1998, the Government had carried out investigations and had issued a report which established that forced sterilization had taken place with the help of surgical contraception and neglect had been found. Such cases had now been reduced. Family planning was implemented on voluntary basis.
Peruvian legislation authorized capital punishment only for acts of treason in wartime and for acts of terrorism, the delegation said. Article 140 of the Constitution on capital punishment had not been the object of any implementing legislation, so that in practice, Peru did not use the death penalty.
Since 1998, acts of violence against humanity such as genocide, enforced disappearances and torture had been considered as crimes and the penal code had been amended along those lines, the delegation said. The commission of such categories of crimes was investigated and legal proceedings were carried out like any other crimes. In addition, allegations of such crimes were thoroughly investigated by the Ministry of Interior. Since July 1999, the national Ombudsman supervised detention places and received complaints of ill-treatment. Following any findings of torture by public authorities, disciplinary measures were taken against the perpetrators.
Following the responses of the Peruvian delegation, Committee experts put a number of questions. Some experts remarked that the report gave an account of the legal provisions existing in the country but did not provide the measures taken by the Government in view of implementing the provisions of the Covenant.
A number of experts said that Peruvian prisoners were allegedly being subjected to torture and ill-treatment by the police and prison guards. Prison over-crowing was also remarked upon. The dismissal of judges by the executive power had also been mentioned as being a violation of the separation of powers and interference in the independence of the judiciary.
* *** *
70th session
23 October 2000
Afternoon
Peruvian Prisoners Are Allegedly Subjected to Torture, Experts Say
The Human Rights Committee this afternoon started its consideration of a fourth periodic report of Peru by querying a Government delegation about prison conditions where prisoners were allegedly subjected to torture and ill-treatment by police and prison guards.
The remark came over the course of the Committee's consideration of the report on Peru's compliance with the provisions of the International Covenant on Civil and Political Rights.
Introducing the report, Edgardo Mosqueira Medina, Minister of Labour and Social Promotion of Peru, recalled that since the last report was presented to the Committee, a series of steps had been taken for the promotion and protection of human rights; and a programme of political pacification had been developed in which important objectives had been accomplished. It was also possible for the positive developments to continue and for some of the negative aspects to be corrected.
The Peruvian delegation also was made up of Jorge Voto-Bernales, Permanent Representative of Peru to the United Nations Office at Geneva; Luis Quesada Inchaustegui, Director of Human Rights at the Ministry of Foreign Affairs; Milagros Maravi and Martin Lazo Piccardo, of the Human Rights Commission of Peru; Carolina Lecinana Falconi, Executive Secretary of the National Council of Human Rights; Luis Enrique Chavez Basagoitia, from the Permanent Mission at Geneva; and Aldo Figueroa of the Ministry of Justice.
As one of the 148 States parties to the Covenant, Peru is obligated to present periodic reports to the Committee on its efforts to give effect to the provisions of the treaty.
When the Committee reconvenes at 10 a.m. on Tuesday, 24 October it will continue its review of Peru's report.
Report of Peru
The fourth periodic report of Peru (document CCPR/C/PER/98/4) enumerates the existing legislative provisions of the State which correspond with the various provisions of the Covenant. It says that women are the subject of various forms of violence, the most important of which was gender violence throughout the life cycle, followed by sexual and family violence. A family violence act was approved to protect women from such violence. Further amendments have been carried out on the same act to better adopt it to the nature of violence in the society as a whole. In addition, there are a number of institutional mechanisms in Peru for the protection of women's rights, which also promote the social and economic development of women and girls.
The report notes that Peruvian legislation contains no rule or positive law under which it is possible to engage in any activity aimed at the destruction of any of the rights and freedoms recognized in the Covenant. Both the Covenant and the American Convention limit the imposition of the death penalty to "the most serious crimes".
Presentation of Peruvian Report
EDGARDO MOSQUEIRA MEDINA, Minister of Labour and Social Promotion of Peru, recalled that since Peru had presented its last report to the Committee, a series of steps had been taken for the promotion and protection of human rights. A programme of political pacification had been developed in which important objectives had been accomplished. It was also possible for the positive developments to continue and for some of the negative aspects to be corrected.
The measures adopted against terrorism were among the most major steps taken by the Government, Mr. Medina said. The elimination of the "faceless judges", intended to prosecute persons involved in terrorism, had been another important measure. At present, terrorist violence had been dramatically diminished and there was a gradual flexibility in the application of the law on anti-terrorism. In that regard, a situation of states of emergency in some of the areas of terrorist activities had been lifted. A global promotion and protection of human rights had been implemented and a process of national reconciliation was taking place.
Further, as a consequence of the efforts for human rights promotion and reconciliation, the Government was concerned about the victims of violations of human rights, Mr. Medina continued to state. Work was being carried out to strengthen a mechanism in which victims of human rights violations during the last decades would receive reparations. A programme of comprehensive compensation for the victims of terrorism was also being studied, including for those families whose loved ones involuntarily disappeared.
Mr. Medina said that the states of emergency declared in some areas concerning national terrorism had been lifted and a normal situation was reigning. The detention of persons suspected of terrorism had also been ended. However, the arrest on flagrante delito continued without any preconditions. The prosecution under military jurisdiction for cases of treason and terrorism also continued.
He said that in the sphere of education, much progress had been made in bridging the gap between men and women. In addition, illiteracy had been reduced from 18.3 per cent to 7.8 per cent between 1993 and 1999. In the matter of gender promotion, a quota system had been established to retain 25 per cent of women candidates in elections, thus increasing the number of women participants in political decision-making.
Discussion
In response to written questions prepared by Committee experts in advance, the Peruvian officials said that the amnesty laws promulgated by the Government did not eliminate other obligations such as compensation to victims of violations of human rights. The amnesty was intended to create a stable situation following the end of terrorism in the country. A mechanism had been put in place to provide remedies to victims of human rights violations.
The Ombudsman was an independent body established constitutionally and it had the power to receive complaints of violations of rights by public agents, the delegation said. The office of the Ombudsman had been functioning since 1993 and had been protecting human rights through investigations of individual complaints. The Ombudsman also looked over the implementation of the international human rights treaties by the State. In addition, ad hoc commissions had been set up to recommend to the President acts of pardon for persons involved in terrorism cases.
At present, the states of emergency declared in the course of the hightened terrorist activities had been all lifted, the delegation said. During the states of emergency, the principles of habeas corpus and amparo had been in vigour and they were exercised by the judiciary. The military was empowered to administer other areas under the states of emergency.
As of July 1999, the country's prison population stood at 27,393 inmates of which 17,158 had been processed and 10,235 persons had been convicted, the delegation said. In July 2000, out of 27,604 inmates, 14,909 had been processed and 12,695 persons had been sentenced to prison terms. The positive development had been attributed to the de-penalization process of certain crimes and due to reform of preventive detention.
The delegation said that the status of children born out of wedlock had been changed from "illegitimate" to "extra matrimonial", thus reducing discrimination against children born outside of wedlock. In addition a law had been enacted to repeal the exemption of penalty for a violator who married his rape victim.
Efforts had been made to effectively protect the rights of women, the delegation said. Among the State bodies charged to promote women's rights were the Ministry of Interior which looked over domestic violence against women; the Ministry of Justice also had the role in strengthening peace through training of law-enforcing agents and promoting a culture of non-violence. In addition, the 1993 Constitution had explicitly set equality of opportunities between men and women in employment and equal pay for the same quality of work performed.
Further, medical and psychological assistance was made available to women victims of violence, the delegation said. In Lima, two units of surveillance of women's victims had been established with additional extensions to other provincial towns. Legal assistance was also provided to the victims, including programmes of social orientation and rehabilitation. In the Ministry of Defence, a unit had been established to assist victims of violence within the families of soldiers. The Government had also taken measures to improve the quality of assistance provided to victims of violence.
With regard to forced sterilization, the delegation said that since 1998, the Government had carried out investigations and had issued a report which established that forced sterilization had taken place with the help of surgical contraception and neglect had been found. Such cases had now been reduced. Family planning was implemented on voluntary basis.
Peruvian legislation authorized capital punishment only for acts of treason in wartime and for acts of terrorism, the delegation said. Article 140 of the Constitution on capital punishment had not been the object of any implementing legislation, so that in practice, Peru did not use the death penalty.
Since 1998, acts of violence against humanity such as genocide, enforced disappearances and torture had been considered as crimes and the penal code had been amended along those lines, the delegation said. The commission of such categories of crimes was investigated and legal proceedings were carried out like any other crimes. In addition, allegations of such crimes were thoroughly investigated by the Ministry of Interior. Since July 1999, the national Ombudsman supervised detention places and received complaints of ill-treatment. Following any findings of torture by public authorities, disciplinary measures were taken against the perpetrators.
Following the responses of the Peruvian delegation, Committee experts put a number of questions. Some experts remarked that the report gave an account of the legal provisions existing in the country but did not provide the measures taken by the Government in view of implementing the provisions of the Covenant.
A number of experts said that Peruvian prisoners were allegedly being subjected to torture and ill-treatment by the police and prison guards. Prison over-crowing was also remarked upon. The dismissal of judges by the executive power had also been mentioned as being a violation of the separation of powers and interference in the independence of the judiciary.
* *** *