I. GENERAL INFORMATION
II. SUMMARY OF HUMAN RIGHTS SITUATION
III. CHRONOLOGY OF THE MOST IMPORTANT HUMAN RIGHTS NEWS AND EVENTS IN PERU FOR THE LAST TWENTY YEARS
IV. PERUVIAN ECONOMIC, SOCIAL AND POLITICAL SITUATION
V. THE PROTECTION OF HUMAN RIGHTS: CATEGORIZED BY PARTICULAR RIGHTS
VI. LEGISLATION BY SUBJECT MATTER
VII. DOMESTIC JURISPRUDENCE BY THE CONSTITUTIONAL TRIBUNAL AND SUPREME COURT
VIII. INTERNATIONAL JURISDICTION: CASES BEFORE THE INTERAMERICAN COURT OF JUSTICE (AMERICAN CONVENTION ON HUMAN RIGHTS)
IX. MAIN INITIATIVES IN THE PROTECTION OF HUMAN RIGHTS
X. NEWS AND RELEVANT INFORMATION
I. GENERAL INFORMATION
Peru is located in the central and western part of South America. Its neighbors to the north are Ecuador and Colombia; Brazil and Bolivia to the east; Chile to the south and the Pacific Ocean along the west coast. It covers a surface area of 1,285,215.6 square kilometers (803,259 sq. miles), distributed as follows: 12% of the land is coastal, 28% in the sierra, and 60% in the jungle. (ADD PHOTOS: In directory Photos Peru 4 photos)
The population boasts more than 27 million inhabitants (source Instituto Nacional de Estadística e Informática http://www1.inei.gob.pe/inicio.htm). The Peruvian population is primarily mixed, with a notable indigenous minority that lives mainly in the Andean south and the Amazon.
Politically, Peru is divided into 24 departments, subdivided into 194 provinces and a constitutional province which is el Callao (the main Peruvian port). Furthermore, t he territory is divided into 13 regions, including provinces of one or more districts.
There are two official languages in Peru: Spanish and Quechua which is spoken by 24% of the population. Most of the people who speak Quechua are bilingual, with Spanish as their second language. In addition, there are 55 other Amazon languages in the country, apart from Aymara, spoken in the high plateaus.
Peru along with Ecuador, Bolivia, Guatemala and Mexico concentrates a high percentage of Amer-Indian population in its territory. According to the last national survey it boasts 45% of the population is Amer-Indian. 37% are mestizos (mixed Amer-Indian and white), white 15%, Black, Japanese, and other (3%).
Most of the population professes the Roman Catholic religion (80%). The Peruvian Constitution declares that the Catholic Church is a fundamental element in the Peruvian cultural and moral tradition (Article 50). However, the Constitution guarantees the right to have a freedom of religion (Article 2(3)).
89.5% of the total population (est. 2005 source: Instituto National de Estadística e Informática)
Refugees and internally displace persons (IDP)
After the internal conflict which stroke Peru during 1980-2000 more than 60,000 people, most of them indigenous were displaced from rural areas to main cities in the highlands and mainly in Lima.
Peru is the world’s third largest coca leaf producer. The cultivation of coca rose 25% during the last years. Much of the coca production is a raw base to produce cocaine. The cultivation of coca is mainly focused in the valleys of the high jungle in the departments of San Martin, Huanuco, Ayacucho and Apurimac.
Corruption and Judicial independence
According to the Berlin-based organization transparency international (www.transparency.org) Peru is perceived as a corrupt country which has an score of 3.5/10 (a score of 5.0 is the number Transparency International considers the borderline figure distinguishing countries that do and do not have a serious corruption problem).
II. SUMMARY OF HUMAN RIGHTS SITUATION
After a decade of systematic violation of Human Rights perpetrated by the Peruvian State during the war against terrorism by mainly the Shining Path and the Tupac Amaru Revolutionary Army, Peru is facing new challenges in the protection of human rights. Judiciary focuses to judge violations of human rights allegedly committed by the Peruvian government. Such actions are principally supported by the Human Rights Non Government Organization locally and internationally who have been advocating for the extradition of the former president Alberto Fujimori. They intent that Alberto Fujimori should will be judged for crimes against humanity and corruption.
On other hand, the Ministry Public (General Attorney’s office) follows up the recommendations of the Truth and Reconciliation Commission prosecuting former Peruvian security forces officers who allegedly committing violations of human rights during the war against the Shining Path and the Tupac Amaru Revolutionary Movement.
On the domestic front, the Judiciary and the Public Ministry are facing one of the greatest challenges in Peruvian history not only working in the prosecution and judgment of the major crimes against humanity apparently committed by the Peruvian security forces at the time of the insurgency, but also in the prosecution and judgment of the corruption network set up during the presidency of Alberto Fujimori. For the last seven years an Ad-hoc Prosecutor appointed by the President office are investigating more than 50 cases related to corruption activities of former high rank officers of the Fujimori’s administration, most of whom are actually in temporary reclusion.
With regard to the implementation of the recommendations of the Truth and Reconciliation Commission, the Judiciary and the Public Ministry are allocating more financial and logistic sources to continue with the investigations, prosecution and judgment of individuals who may be responsible for committing crimes against humanity, in particular members of the Peruvian security forces and insurgents groups. In fact, the Public Ministry with the support of the European Union has been sponsoring an interdisciplinary team of anthropologists, sociologists, psychologists and lawyers to identify the possible locations of extrajudicial executions apparently performed by the Peruvian security forces, the Shining Path or the Tupac Amaru Revolutionary Movement.
In the case of Alberto Fujimori, recently extradited from Chile, he is facing trial in a few weeks accused of crimes against humanity in particular issues related to the assassination of a group of individuals in the neighborhood of Barrios Altos in 1992 and charges of corruption. He is imprisonment under the authority of the National Penitentiary Institute.
On other hand, the Free Trade Agreement after been ratified by the U.S senate is expecting to produce in the short term a wave of foreign investments in Peru from the United States of America. On other hand, under the new regulatory framework provided by the agreement, Peru is expecting to import agriculture and medical products which would be below domestic prices market products. Such a situation would affect in the long term local agriculture.
III. CHRONOLOGY OF THE MOST IMPORTANT HUMAN RIGHTS NEWS AND EVENTS IN PERU FOR THE LAST TWENTY YEARS.-
December 12:(Lima-Peru) The Supreme Court of Peru sentenced former President Alberto Fujimori to six years in prison for ordering an illegal search as his government was collapsing in 2000, the first prison sentence for Fujimori as he stands trial on various other charges, including murder and forced disappearance.
December 10: (Lima-Peru) Former president of Peru Alberto Fujimori is standing a trial for his alleged connections to the death squads (principally regarding the Cantuta case and Barrios Altos case).
September 21: (Lima-Peru) The former Peruvian president Alberto Fujimori was extradited from Chile after the Chilean Supreme Court ruled that Fujimori will face trial for corruption and Human rights violations (source: AP http://ap.google.com/article/AlegM5gWNU2MPkd_QPyGKhtAKd9KKGGQUA)
September 21: (Santiago-Chile) The Chilean Supreme Court held that Alberto Fujimori Fujimori former President of Peru will be extradited to face trial for corruption and human rights violation (http:www.larepublica.com.pe/images/stories/achivos/pdf/fallofujimori.pdf)
April 24: (Washington-USA) The Inter-American Commission on Human Rights forwarded a petition alleging human rights violations to the Government of Peru. That petition asserts that server contamination from a smelter owned by U.S based Doe Run Corporation, and lack of effective pollution and human health controls by the government. (http://www.business-humanrights.org/Search/SearchResults?SearchableText=chirinos)
December 22: (Huánuco-Peru) The Shining Path ambushed a police patrol in the Huánuco region, killing eight.
November 7: (Santiago-Chile) The Chilean Supreme Court ordered the detention of former Peruvian president Alberto Fujimori Fujimori, while awaiting the Peruvian government’s filing an extradition petition against the former president.
February 27:(Washington) The Inter-American Commission on Human Rights admitted the petition (Petition 136/03) filed by APRODEH on behalf TUPAC AMARU member’s relatives who were killed during the raid of the Japan Ambassador’s residence freeing hostages, alleging that Peru violated certain rights recognized by the American Convention of Human Rights. (See: Report No. 13/04 http://www.cidh.oas.org/annualrep/2004eng/Peru.136.03.eng.htm)
August 28: (Lima-Peru) The Truth and Reconciliation Commission handed its Final report to the President of the Republic of Peru during a ceremony in the Palace of Government. (to handed the final report: http://www.cverdad.org.pe/ingles/pagina01.php)
June 9: (Ayacucho-Peru) A Shining Path group attacked a camp in Ayacucho, and took 68 employees of the Argentinean company Techint and three police guards as hostages.
March 27: (Lima-Peru) Interpol issues an international warrant against the former president of Peru Alberto Fujimori Fujimori for assassination charges preferred by the Peruvian Government.
January 2: (Lima-Peru) The Peruvian human-rights organization APRODEH filed a criminal complaint on behalf of MRTA family members against Alberto Fujimori, Vladmiro Montesinos, Nicolas De Bari Hermoza Rios, Julio Salazar Monroe and others suspected the crime of the qualified homicide of Eduardo Nicolas Cruz Sanchez and two other MRTA terrorists.
December 12: (Lima-Peru) The Peruvian Congress removed Alberto Fujimori from the presidency for moral incapacity after attempted to quit the presidency by a letter sent from Brunei where he participated in the Economic Cooperation Forum for Asia-Pacific.
April 22: (Lima-Peru) In a commando operation known as “Chavin de Huantar” the Peruvian army stormed the Japanese ambassador’s residence freed all hostages. In that operation all the Tupac Amaru Revolutionary Movement (MRTA) insurgents died, one hostage and two soldiers.
December 17:(Lima-Peru) 14 members of the Tupac Amaru Revolutionary Movement (MRTA) took hundreds of people hostage in at party celebrating the birthday of the emperor of Japan at the official residence of the Japan’s ambassador in Lima, Peru.
November 30:(Lima-Peru) Lori Berenson, a former MIT student and U.S socialist activist living in Lima, was arrested on November 30, 1995 by the police and accused of collaborating with the MRTA. She was subsequently sentenced by a military court to life imprisonment (later reduced to twenty years by a civilian court).
September 12:(Lima-Peru) An elite unit of the Peruvian National Antiterrorism Police (DINCOTE) raided and captured Abimael Guzman “Presidente Gonzalo”, leader of the Communist Party Shining Path in Lima. On the second floor of the house, police found and arrested Guzman and eight others, including Laura Zambrano and Elena Iparraguirre, Guzman’s female companion.
July 16:(Lima-Peru)In one of most deadly attacks in Lima, the Shining path detonated explosives in the upscale district of Miraflores in Lima, killing more than 20 people and destroying several buildings.
November 21:(Lima-Peru) The National government issued a law that gave the rondas a legal status, and from that time they were officially called Comités de auto defensa ("Committees of Self Defence"). They were officially armed, usually with 12-gauge shotguns, and trained by the Peruvian Army.
April 3: (Lucanamarca-Ayacucho) 69 peasants who live around the village of Lucanamarca were killed by Shining Path guerrillas. According to Amnesty International, the massacre set the precedent for what was to become a regular pattern of gross human rights abuses, including mass killings, by the rebels. (Source: http://news.bbc.co.uk/2/hi/americas/6050442.stm)
May 31: (Lima-Peru) The Tupac Amaru Revolutionary Movement (MRTA carried out its first military operation robbing a bank in La Victoria, Lima. That action was taken by Victor Polay Campos and Jorge Talledo Feria (members of the Central Committee). During the hold up, Talledo was killed by friendly fire and became the first loss of the movement
December 29: (Lima-Peru) The national government declared an "emergency zone" in the three Andean regions of Ayacucho, Huancavelica and Apurímac, and granted the military emergency powers to detain any suspicious person to stop the increasing violence caused by the Shining Path.
May 17: (Chuschi-Ayacucho) Shining Path launched a guerrilla war in the highlands of the province of Ayacucho, on the eve of presidential elections, it burned ballot boxes in the town of Chuschi, Ayacucho. It was the first "act of war" by Shining Path.
IV. PERUVIAN ECONOMIC, SOCIAL AND POLITICAL SITUATION
IV.1 Peruvian Legal System Presentation (File in power point)
IV.2 General Information
IV.2.1 Historical and Political Structure
CIA: Https://www.cia.gov/library/publications/the-world-factbook-geos/pe.html (english)
Portal del Estado Peruano: http://www.peru.gob.pe/gobierno/gobierno.asp
IV.2.2 Demographic Information
Instituto Nacional de Estadistica e Informatica (National Institute of Statistics and Informatic): http://www1.inei.gob.pe/inicio.htm (spanish)
IV.2.3 Economic and Finance important data
The World Bank
Banco Central de Reserva del Peru:
IV.2.4 Social Information
-INEI (Instituto Nacional de Estadistica e Informatica) 1994-2004. Condiciones de Vida en el Peru (Report)(Spanish)
-INEI (Instituto Nacional de Estadistica e Informatica) Dimensiones de la Pobreza en el Peru (Report)(Spanish)
V. THE PROTECTION OF HUMAN RIGHTS: Categorized by Particular Rights:
(Peruvian Legislation, Jurisprudence, Law Articles, Reports and, notes and news)
A. Categorized by Particular Rights and Responsibilities
1. Self-Determination (Covenants, Art. 1)
The Peruvian Constitution even though does not include the right of self determination as an fundamental individual right of the person it holds in the Article 1 that the supreme goal of the society and state is to preserve the dignity of the human being. As a multicultural society, the Peruvian Constitution recognizes that individual has the right to individual ethnicity and cultural identity. The State is obligated by the Constitution to recognize and protect the ethnicity and cultural plurality in the nation (article 2(19)).
The right of self determination in the Peruvian Constitution focuses principally in the protection of the Andeans Communities and Natives Communities. In fact, the Article 88 holds that those communities get autonomy in their organization, communal labor and the use and disposition of land.
On other hand, the Peruvian Constitution declares that every citizen has the right to an individual identity. That right in the Peruvian society becomes in an important tool toward to allow individuals to fully participate in the Peruvian society and economy. For years an important percentage of Peruvians living predominantly in rural areas does not hold a national identification document. Therefore, the State is implementing a national program to provide to all Peruvians with a national identity document, which is the basis for exercising the right of self-determination.
Individual Identity and identification:
- Ley 26497. Ley Orgánica del Registro Nacional de Identidad y Estado Civil (Legislation)(Spanish)
2. Equality and Non-Discrimination (Universal Declaration, Arts. 1, 2, 6, 7)
The article 2(2) of the Peruvian Constitution declares that every individual has the right to be treated equally before the law. In fact, the language of the Constitution refers principally to protect against discrimination for race, sex, language, religion, opinion, and economic and social back ground, including any other eventually similar situation or condition. In fact, the Peruvian Constitution does not get any express reference to the protection for gender issues. Under the language of the Peruvian constitution the term sex is understood as a concept that includes gender issues.
-Ley 28983. Ley de Igualdad entre hombres y mujeres (Legislation) (Spanish)
3. Life (Universal Declaration, Art. 3)
The Constitution protects the life of individuals. It states an strong declaration which it prevents the State to commit any action that deprive directly or indirectly the individuals life. During the armed conflict in the 80’ and 90’ violations of human rights alleged committed by the Peruvian Stated were reported by local and international NGO’s to the Peruvian Courts. After years of litigation before domestic and international courts, in particular the Inter American Human Rights jurisdiction, the Peruvian state has recognized its responsibility in the failure of the protection of the right of life. In some cases the Peruvian government has been obligated to pay economic damages and to stand independent criminal investigation in order to identify and prosecute Peruvian government officer who violated those human rights.
On other hand, the article 2(1) of the Peruvian Constitution also declares the protection of the life even the non born child in accordance with a traditional doctrine in the protection of the fetus enacted in the Peruvian Constitution of 1979 and the Civil Code of 1984 the Constitution of 1993. The protection of Life implies an explicit obligation to the Peruvian State to promote the respect of life. The state is obligated by that policy to eventually avoiding any direct or indirect measure that provokes the termination of life. That language actually is subject of a heavy discussion among scholars Peru regarding the right of abortion. In fact, the Peruvian Constitution implicitly rejects the abortion. Moreover, the Peruvian Penal Code criminalizes the abortion as a typical penal conduct (articles 114-120).
4. Slavery and Forced Labor (Universal Declaration Art. 4)
The Peruvian Constitution does not contain any article which explicitly rejects slavery. In fact, the slavery was abolished in Peru in 1854 by the President Ramon Castilla.
The article 22 of the Constitution holds that the labor is duty and right. It is protected by the State (article 23) which special concern in the situation of working mother, child worked and impaired work.
According to the Peruvian Constitution (Article 200(4)) the treaties are considered as a domestic law, therefore all the International Labor (ILO) Conventions ratified by Peru are part of the Peruvian legal system.
a. Violations of Other Fundamental Rights Associated with Slavery
Actually the children labor is subjected to debate in Peru, in particular children labor performed in rural areas in small scale mining and domestic agriculture. International Labor Organization Conventions, signed by the Peruvian Government abolish children work but traditionally children work is a consuetudinary activity among Andeans communities.
b. Forced Labor
During the armed conflict in Peru in 1980-1992 it was reported that Shining Path was hostage entire Ashaninkas communities in order that those communities serve Shining Path combatants as servants and inclusive slaves. Right now situations of slavery are not commonly reported in Peru.
c. Application of Prohibitions Against Slavery and Forced Labor
At this time there is noticed of slavery reports in Peru. Nevertheless, the situation force labor performed by children is subjected of analysis by the International Labor Organization coordinating with the Peruvian Government to enact specific regulation that limits children word.
5. Torture (Universal Declaration, Art. 5)
According to the Human Rights Watch Report for 2006: “Torture and police brutality continue to be a problem. The Human Rights Commission (Comision de Derechos Humanos, COMISEDH), a human rights NGO that has monitored the issue over many years, documented 11 such complaints in the first six months of 2006”.
-Peru: Legislation is not enough Torture must be abolished in practice. Author: Amnesty International (Report)(English)
6. Procedural Fairness in the Criminal Process and the Administration of Justice (Universal Declaration, Arts. 8, 9, 10, 11)
The article 138(3) of the Peruvian Constitution of 1993 guarantees to every individual the due process of law and the effective jurisdictional protection right. Those rights imply that every individual has the right to be judged in a jurisdiction previously determined by law and by competent judicial organ.
At this time the Judicial system in Peru is facing a historical challenge to be transformed in a independent judiciary after been blaming to be subjected to Fujimori ruled during the 1990-2000.
In fact, the Judiciary system is working in a process to set a institutional coordination initiative in which the Judiciary, Ministry Public, Constitutional Tribunal, National Counsel of Magistrate, National Academy of Magistrate and Ministry of Justice are working together to build the bases of a new system. In fact there are two main projects that support such initiative: one is financed by the World Bank and other by the European Commission (www.jusper.org.pe).
-Que hacer con el sistema judicial?. Author: Francisco Eguiguren (Note) (Spanish)
-The Scales of Justice in Peru Judicial Reform. Author: Cesar Landa (Note) (English)
-Principios Internacionales sobre la independencia y Responsabilidad de Jueces (Report) (Spanish)
-Seguimiento de los Procesos de Reforma del Sistema de Justicia en America Latina. Author: Cristian Riego (Note) (Spanish)
-The Role of Judicial review in recent presidential elections in Peru, Costa Rica and the United States. Author: Juan Francisco Perea (Note)(English)
-Los abogados han sido “olvidados” cuando se enjuicia a la justicia. Luis Pasara (Note)(Spanish)
-Judicial Reform: A process of Change through Pilot Courts. World Bank (English)
Criminal Procedure Legislation
-Decreto Legislativo 957 (Código Procesal Penal) (Legislation)(Spanish)
-Decreto Legislativo 958. Implementación del Código Procesal Penal (Legislation)(Spanish)
-Decreto Legislativo 961. Código de Justicia Militar (Legislation)(Spanish)
-Ley 28665. Ley de Organización, Funciones y Competencia de jurisdicción militar y policial (Legislation)(Spanish)
-Excluir a la Policia Nacional del Peru del Ambito de Competencia de la Justicia Militar.Muller (Note)(Spanish)
7. Detention and Imprisonment (Universal Declaration, Art. 13)
In 2003 the Truth and Reconciliation Commission reported that left-wing insurgents and government forces committed grave abuses during the 1980s and 1990s. Peru has made significant progress in prosecuting former members of insurgent groups for their past crimes. After annulling in 2003 the sentences of more than 700 prisoners convicted without due process for crimes under Peru’s antiterrorism law, the state has conducted new trials that have resulted in the conviction of more than 450 people for killings, attacks with explosives, and other violent crimes. In October 2006, the National Criminal Court sentenced Abimael Guzman, leader of the Shining Path, an armed group notorious for atrocities, and his partner Elena Iparraguirre, to life in prison. The court held them responsible for a 1983 massacre of 69 peasants at Lucanamarca and numerous killings and car’s bombings. Nine other Shining Path leaders received lesser prison sentences.
8. Privacy (Universal Declaration, Art. 12)
The right to privacy is expressly recognized by the Article 2 of the Constitution. It includes the right to privacy of communications and to maintain in privacy fundamental individual information managed by public and private institutions.
9. Freedom of Movement- Travel (Universal Declaration, Art. 13)
a. The right to movement and residence within national borders
The Peruvian Constitution recognizes the absolute right to fix on an individual residence in whatever place of the Republic. In the same way, it is protected the right to movement. However, for years the right to movement was practically limited for the violence situation in Peru.
On other hand, economical constraints would limit effectively individual’s ability to move and fix on a residence.
b. The right to leave
The Peruvian law does not limit the right to people to leave the country. In fact practical limitations that were focused in the excessive cost to issues a passport were eliminated by the Government in recently years.
c. The right to return to one’s country
Peruvian migratory regulation recognizes the right to return to Peru. At this time Peru is facing a consistent immigration phenomena in which Peruvians obligated by economic and social constraints are leaving the country. The government has been providing legal and economic assistant to such individuals who freely desire to return to Peru but they cannot economically afforded.
10. Asylum and Refugees Status (Universal Declaration, Art. 14)
The right of Asylum is guaranteed by the Peruvian Constitution as governmental privilege to guarantee that foreign individuals would be protected in situation of political prosecution.
Peru faced a tremendous challenge in 1980 when a set of Cuban citizen took over the Peruvian Embassy in the Habana. After weeks of negotiation with the Cuban Government more than one thousand of Cuban citizens flew away Cuba in direction to Peru where they has been living as refugees under the international customary law.
However in recently years the Peruvian Congress enacted the Law 27891 which regulates in particular the Refugees status.
-Ley 27891. Ley del Refugiado (Legislation)(Spanish)
11. Nationality (Universal Declaration, Art. 15)
The right of Nationality is a fundamental right recognized by the Peruvian Constitution. Peruvian law establishes that nationality should not be taking away by a discretional government act. Law determines the specific circumstances in which an individual would fact to be involved in such procedure. In any case, judicial remedy is provided to challenge government decision.
Peruvian nationality would be acquired by born or naturalization. In the last case a government decision entitle the individual to be a Peruvian citizen.
-Ley 26574. Ley de Nacionalidad
12. Protection of the Family (Universal Declaration, Art. 16)
The right to Protection of the Family is an implicit right recognized by the Constitution. Law establishes specific legal duties to the state in order to provide effective assistance to families facing domestic or social conflicts. By Law the Ministry Public is in charge to protect families in particular to support minor and mother situation.
-Ley que establece politicas de Estado para la proteccion de la familia. Ley 26260 (Legislation)(Spanish)
13. Property (Universal Declaration, Art 17)
The right of private property is guaranteed by the Peruvian Constitution. However, Constitutional provisions recognize that the State has the right in case of public necessity to expropriate private property by fair due process and advance payment. Alike the Constitution of 1979 that allowed the State to intervene private companies in case of grave emergency that affected public interest, the current Constitution did not contain any provision in that matter.
14. Freedom of Religion and Belief (Universal Declaration, Art. 18)
The Peruvian Constitution recognizes the right of freedom of religion. The Peruvian state is non-confessional state but it holds relations with the State of Vatican which are governed by three protocols (1874, 1897 and 1980).
-Tolerance and Religious Freedom. Author: Carlos Valderrama Adriansen. (Note)(English)
15. Freedom of Expression (Universal Declaration , Art. 19)
According to the Human Rights Watch Report’s in 2006 Journalists who publicize abuses by local government officials are vulnerable to intimidation, assault, and even murder by individuals acting in support of, or hired by, municipal authorities.
- Ley 26775 Derecho de rectificacion por informaciones inexactas
- Ley 26847 Modifica Ley 26775 derecho de rectiificacion
16. Freedom of Association and Assembly (Universal Declaration, Art. 20)
The right to freedom of association and assembly is recognized by the Article 2 of the Peruvian Constitution. That right become in fundamental factor to guarantee the exercise of the individual political rights.
However, the Constitution also proclaims that in emergency needs declared by the Executive that right would be suspended by a maximum period of 90 days.
Traditionally the Right to Freedom of Association is not been exercised predominantly by the Peruvian society. In comparison of other countries in South America there is a low percentage of individual involved in collective activities. However, such tendency is not uniform in extreme low incomes families where reciprocity relations help to guarantee individual and collective survival.
- Ley 26300. Ley de Participacion y control ciudadano. (Legislation)(Spanish)
17. Political Participation and Voting (Universal Declaration, Art. 21)
Formally Peruvian political participation is a majority right exercise by most of the eighty percentage of the population. In fact, a constitutional provision establishes such right as a mandatory obligation in national, regional and municipal elections. On other hand, the rate of participation in social, cultural and political issues in Peru is one of the lowest in Latin America.
- Ley 26486. Ley Orgánica del Jurado Nacional de Elecciones. (Legislation)(Spanish)
- Ley 26864. Ley Orgánica de Elecciones (Legislation)(Spanish)
- Ley de Partidos Políticos (Legislation)(Spanish)
- Ley 26864. Ley de Elecciones Municipales (Legilation)(Spanish)
18. Economic, Social and Cultural Rights (Universal Declaration, Art. 4, 22-27)
a. Work-related Rights (Universal Declaration, Art. 23) and Res. (Art. 24)
The work related rights are recognized by the articles 19 to 27 of the Peruvian Constitution. The Peruvian constitution is focused to protect individual and collective, in particular rights against discrimination, to be treated equally, to nullify workers acts performing under fraud or force committed by the employer. On other hand, the Peruvian Constitution protects collective rights principally freedom to constitute unions, right to bargain and subscribe agreements with employers and the right to strike.
In addition Peru has signed most of the main international covenants for the protection of labor rights under the International Labor Organization.
-Decreto Ley 25993. Ley de Relaciones Colectivas de Trabajo (Spanish)
b. Social Security (Universal Declaration, Art. 25)
The right to enjoy a social security is not expressly recognized by the Peruvian Constitution as a universal right for all the citizens. In fact by Statute that right is restricted to such individuals who apportion to a Public or Private system, either as a labor workers or independent contractors.
After the reforms of 92’ the Social security system regarding retirement funds is administrated by two main different providers: 1)The Private Administrators of Retirement Funds and 2) The National Office of Retirement Funds (Oficina de Normalización Previsional).
Recently complaints about the failure of the Private Administrators to manage successfully retirement funds persuaded the Peruvian Congress to modify the law to allow individuals to take away their funds of retirement toward to allocate it in the National Office of Retirement Funds.
-Ley 25897. Ley que crea el Sistema Nacional de Administracion de Pensiones (Spanish)
-Ley 26790. Ley de modernizacion de la seguridad social (Spanish)
c. Health (Universal Declaration, Art. 25)
The Health service is provided freely by the Peruvian Government. By limitations in the quality and extend of the service limits individual ability to trust in public health providers. Even though, in Peru is presented a high rate of extreme poverty private health providers are an important element in the national health system.
At this time, health insurance is provided by two main sources: 1) ESSALUD: a public institution who provides health services for workers and private contractor who apportion to the systems and, 2) Private Health Providers: Different private hospitals and clinics provides health services or insurances companies would create specific programs in agreements with private hospitals to provide health services.
-Ley 26842.Ley General de Salud (Legislation) (Spanish)
d. Food (Universal Declaration, Art. 25)
e. Clothing (Universal Declaration, Art. 25)
f. Housing (Universal Declaration, Art. 25)
Those rights are recognized as non binding rights for the Peruvian government. Under the Constitution all individual has the right to procure food, clothing and housing but there is not mandatory obligation for the government to procure those benefits to individuals. In fact, the Constitution does not establish any remedy in case that the Peruvian Government fails providing such rights.
g. Water (Universal Declaration, Art. 26)
Water is an essential element to guarantee life of the human being and a balanced ecosystem. It is not expressly recognized in the Peruvian Constitution.
In recently years, the World Bank was advocating to privatize the water treatment facility in Lima running by a public institution toward to be transferred to the private sector. That attempt failed due of a strong opposition of worker unions and non-governmental organization. They strongly opposed to get an important source to private hands.
h. Education (Universal Declaration, Art. 26)
The Peruvian Constitution recognize the right to free education in particular in the elementary and secondary (high school) levels. In addition the State provides free education in the University level through Public Universities. However, the Constitution also protects the individual right to choose public or private education.
- Educacion ciudadania y violencia en el Peru una lectura del informe de la CVR. Author: Pablo Sandoval (Report)(Spanish)
- Ley 28044 Ley General de Educacion
i. Culture (Universal Declaration, Art. 27)
The Peruvian Constitution recognizes that Peru is a multicultural and diverse society. Therefore the law protects any kind of cultural expression. In fact, by law cultural entertainment is exonerated of taxes and duties.
19. Healthy Environment
Peru traditionally is a mining country highly focused in the promotion of extractive industries. Peruvian exports in mining are more than 50% of the national exports (2005). Even though, the Peruvian Constitution recognizes as a fundamental right the right to a health environment for years Andeans and natives communities has been complaining of the pernicious effects of extractive business over the domestic and local environment which finally affects community ability to survive in the long term.
Right now, Peruvian legal system is drawn by a variety of environmental and natural resources regulation that theoretically creates a strong legal framework to protect the environment. However, a lack of effective implementation of such standards and inability of the Peruvian Courts to handle correctly torts and environmental conflicts against extractive industry reduce institutional capacity to create a predictable course of action addressing those conflicts. Right now, Communities along Peru, several times backing by local governments has been reluctant to accept that mining companies running extractive activities around their communities even against public policies enacted by the National Government in order to promote major foreign and local investment.
- Mineria, Minerales y Desarrollo Sostenible en Peru. Author: Glave (Report)(Spanish)
- Desarrollo basado en los recursos no renovables. Author Yupari (Report)(Spanish)
- Effect of the Fair Trade Agreement. (Abstract) Author: Powell J. and Chavarro P.(Report)(English)
- La Oroya contaminación. Petición a la Comisión Interamericana de Derechos Humanos. Author: Carlos Chirinos (Documento Legal)(Spanish)
- Investigación del derrame de mercurio del 2 de Junio del 200 en Choropampa. Author: CAC (Report)(Spanish)
- Ley 26839. Ley sobre la Conservación y el aprovechamiento sostenible (Legislation)(Spanish)
- Ley 27308. Ley Forestal y de Fauna Silvestre (Legislation)(Spanish)
- Ley 27314. Ley General de Residuos Sólidos (Legislation)(Spanish)
- Ley 27446. Ley del Sistema Nacional de Evaluación del Impacto Ambiental (Legislation)(Spanish)
- Ley 17752. Ley General de Aguas (Legislation)(Spanish)
- Ley 26834. Ley de Aéreas Naturales Protegidas (Legislation)(Spanish)
- Ley 26410. Ley de Creación del Consejo Nacional del Medio Ambiente (Legislation)(Spanish)
- Ley 28611. Ley General del Medio Ambiente (Legislation)(Spanish)
20. Sustainable Development
The concept of sustainable development has been a relative new approach in the public policy arena introduced in the Peruvian regulation since the middle of nineties, as a necessary requirement to be attached to all proposal of business intervention in Peru. In fact, the sustainable development approach has been introduced principally in the Peruvian Environmental Act as general principle which should direct the interpretation of environmental provisions. In other hand, recently private corporations has been working in the implementation of corporative social responsibility guidelines using the sustainable development approach toward to create better relations with the communities where is located those business.
After years of a quiet state of armed conflict during the 80’s and part of 90’s the main goal of the Peruvian society is focused to build a process of reconciliation among all the parties involved in such conflict. Even though, remained forces of the Shining Path are continuing operative in some zones of the central highlands and jungles, the menace caused by the Shining Path decreased considerably.
In order to construct a peace society after been affecting not only by the outcomes of the state of armed conflict but also the institutionalized corruption during the majority of the Fujimori’s administration, Peruvian society is also focused in judge the former president Fujimori for the allegedly commission of corruption charges and crimes against humanity.
22. Humanitarian Law
In the domestic arena there are not reported any armed international conflict regulated under the rules of the Humanitarian International Law. However, in 1996 the MRTA took over the Japanese Ambassador residence abducting more than 600 diplomats among them the Japanese Ambassador. It is argued that such conflict would be characterized as an international conflict under the grounds that it is committed in a diplomatic premise protected by the Vienna Convention.
Peru does not enact any regulation that specifically addressed the provisions of prisoners’ treatment ordered by the Convention of Prisoners of War Treatment (Convention III).
23. Genocide, War Crimes Against Humanity, and Crimes Against Peace
For the last sixty years Peru has not been involved in any state of formal War. Only during 1982 and 1995 Peru faced a short term international army conflict against the Republic of Ecuador in regards a territorial boundaries limitation conflict which finally was resolved in a treaty of peace with Ecuador.
In the domestic arena, Peruvian authorities are facing war crimes against humanity for particular actions committed by security forces during the armed conflict against the Shining Path and MRTA. Different government administration officers and military and police officers are involved in criminal proceedings for their participation during the armed conflict. Most of the crimes prosecuted by the Ministry Public (Attorney General Office) referring charges for crimes against humanity which are expressly regulated in the Peruvian Penal Code.
The most notorious case is the prosecution of the former president of Peru Alberto Fujimori Fujimori who is accused to be behind of the summary execution of university students committed by the Colina Group (La Cantuta case) and the illegal assassination of a group of individuals (Barrios Altos case) also committed by the same Colina group. In fact, the former president Fujimori is accused to be informed of the creation of “Squads of Death” as the Colina Group, as governmental policy to eradicate the Shining Path and MRTA.
-Bajo el Signo del Pasado. Informe Anual 2006. Author: Coordinadora Nacional de Derechos Humanos (Report)(Spanish)
24. Security/Terrorism and Human Rights
At this time Peru is not longer affected by terrorism as modality of armed conflict. However, unwelcome outcomes of the conflict armed, regarding principally violation of human rights, has been affecting Peruvian society ability to reconstruct strong ties with the State and the legal system. In fact, after years of setting draconian criminal regulation drawn to defeat the Shining Path and MRTA (actually overruled by the Constitutional Tribunal) and authoritarian action by the security forces and Courts have been affecting Peruvian society to trust and interact with the State.
In fact, the Truth and Reconciliation Commission Report attempts to draw a course of action toward to promote a best understanding of the facts around the army conflict in the 80’s and 90’s.
-La memoria post-colonial: Tiempo, espacio, y discursos sobre los sucesos de Uchuraccay. Author: Hiromi Hosoya. (Report)(Spanish)
B. Groups at Risk
Traditionally the children rights have been identified as a mandatory obligation of the State to provide education and health services. In fact, the Peruvian Constitution establishes that the elementary and secondary (high school) education provided by the State is free. However, in a country where more than the 30% of the population lives in condition of extreme poverty the principal problem that affects families in such conditions is the inability of them to procure enough recourse to survive. Therefore to count with the labor of minor results in absolute necessity to guarantee family survival.
Even though, the Children and Teenager Code provides specific regulation forbidden child work, social and economical constraints limits its effectiveness.
- Ley 27337. Codigo del Nino y del Adolescente (Legislation) (Spanish)
- Force child labor Report. ILO 2006 (Report) (English)
2. Women and Mothers (Abortion)
The evolution in the protection of Women human rights has been growing increasingly in Peru during the last twenty years. A silent work by the Non-governmental organization working in poor urban areas around the most important cities of Peru and in rural zones has been pushing to the Peruvian State to include the gender problem into the political agenda of successive administrations. Right now, by law political parties are required to include in their list a minimal percentage of female candidates (30% percent). In the same fashion, the Executive created a new Ministry (Ministry of the Women and Human Development) toward to coordinate and implement national public policies regarding the promotion of the women and mother.
Nevertheless, women both in urban and rural areas are facing too many restrictions handle equal access to education and health services.
- Campana interagencial contra la violencia a la mujer y el nino. PNUD (Spanish) (Report)
- Ley 27408. Ley de atencion a las mujeres embarazadas (Legislation) (Spanish)
- Ley 28683. Ley que modifica Ley 27408 (Legislation)(Spanish)
- From Anti-Natalist to Ultra-Conservative: Restricting Reproductive Choice in Peru. Anna-Britt Coe (Report)(English)
- Women’s Perspectives on Medical Abortion on Mexico, Colombia, Ecuador and Peru: A Quality Study. Lafurie, Grosman (Report)(English)
The HIV is objected of specific public concern by the Peruvian State, even though the HIV cannot be categorized as a pandemic in Peru, it is affecting to 0.5% of the Peruvian population (2003). At this time the Peruvian Government is involved in a set of measures to provide without cost antiviral medicaments to the majority of individuals affecting by such syndrome. In 1996 the Peruvian Congress enacted a law modifying the Peruvian Labor Law in order to include HIV as one of the major causes for discriminatory termination of a labor contract.
- HIV USAID Report Peru. Author: USAID. (Report)(English)
- HIV PERU y SIDA PERU. Author: USAID (Report)(Spanish)
- Informe sobre la situación del VIH/SIDA y Derechos Humanos. Author: Gutierrez.(Report)(Spanish)
- Ley 26626. Plan Nacional contra el SIDA (Legilation)(Spanish)
4. Human Trafficking
Officially there are not reported any international human trafficking case in Peru. However, recently the National Police has created an especial unit which it investigates allegedly cases of children abduction toward to be engaged in illegal proceedings of adoption by foreigner’s petitioners. In the domestic front, during the war against the terrorism it was reported cases of human trafficking perpetrated by the Shining Path against natives communities in particular with the Ashaninka Tribe.
- Ley 28950. Ley contra la trata de personas y el trafico ilícito de migrantes (Legislation)(Spanish)
5. Indigenous Rights
Indigenous communities are entitled by the Peruvian Constitution to protect their individual, property and self determination rights by the Constitution. It establishes that natives and Andeans communities are granted to run independently theirs societies. They, however, are subjected to the Criminal regulation under specific exception regulated by the Article 19 of the Peruvian Penal Code.
- Discriminación y exclusión en salud y población indígena. Author: Instituto de Estudios Peruanos. (Report)(Spanish)
- Indigenous People, Law and Politics in Peru. Joanna Drzewieniecki. (Report)(English)
- Participacion de mujeres indigenas en procesos de gobernabilidad y en los gobiernos locales Author: UN-INSTRAW(Report)(Spanish)
- Ley 26505. Ley de Inversion en tierras de comunidades
6. Discapacities and Impaired
Under the Peruvian Constitution all individual are equal without distinction of race, sex, color, physical or mental condition, economic or social background. In such a way, impaired individual are protected against discrimination. However, there is not specific provision under the Constitution that entitle them with special protection. By Law 23285 (Labor Act for impaired individuals) promotes specific policies and incentives to public institutions and private companies to hire impaired individuals.
-Ley 23285. Ley de Trabajo para personas limitadas (Legislation)(Spanish)
VI. LEGISLATION BY SUBJECT MATTER
VI.1 Main Legislation
The Peruvian Constitution of 1993 was enacted by the Democratic Constituency Congress promoted by the president Alberto Fujimori after the constitutional regime break down in April 1992. Alike the Constitution of 1979 this Constitution creates a legal framework to restrict state role in the economy, as a regulatory actor rather to perform direct enterprises in the economy. In addition the Constitution enacted a set of provisions that guarantees to private investor a predictable legal system.
In the Human Rights fields, this Constitution alike the Constitution of 1979 declares that the Human Rights treaties signed by the Peruvian state are not only domestic law but also has the legal hierarchy. Under the Constitution of 1979 Human Rights treaty held constitutional hierarchy.
-Constitution 1993 (Spanish)
-Constitution 1979 (Spanish)
-Penal Code 1990 (Spanish)
-Procedure Civil Code (Spanish)
-Penal Procedure Code (Spanish)
-General Administrative Procedure Law (Spanish)
VI.2 Legislation by Fields
Tineo Silva case is a landmark case held by the Constitutional Tribunal who ruled that the Antiterrorism Legislation enacted by the Fujimori administration was predominantly inadequate to the international minimal standards on due process of law.
a) Antiterrorism Legislation Before Tineo Silva case
The original antiterrorism Legilation was enacted by the Fujimori’s administration in 92 after the President closed the Congress. The Decree Laws 25475, 25659, 25744 and 25880 created a new legal framework in which the state concentrated legal power to prosecute and imprison terrorism suspects. Such regulation finally reduce Courts ability to keep a legal due process.
-Decreto Ley 25475. Delitos y Procedimiento Terrorismo. (Spanish)
-Decreto Ley 25659. Delito de Traición a la Patria. (Spanish)
-Decreto Ley 25744. Investigación Policial. (Spanish)
-Decreto Ley 25880. Delito de Traición a la patria (Spanish)
b) Antiterrorism Legislation After Tineo Silva case:
Note: Summary of Antiterrorism Legislation after Constitutional Tribunal Decision
Tineo Silva (Exp: 010-2002) case (Spanish)
After Constitutional Tribunal decision in the landmark case: Tineo Silva, the Peruvian Congress enacted the Law 27913 (January, 9 2003) which authorized the Executive to legislate in the issues of anti-terrorism. Under such a authority the Executive promulgated a new antiterrorism legislation:
-Legislative Decree 921: (January, 18 2003) To establish the legal regime for a sentence to prison for life and the maximum limit for crimes described in the Decree Law 25475.
-Legislative Decree 922: (February, 12 2003) To regulate the nullify declaration in trial process for crimes of treason against nation.
-Legislative Decree 923: (February, 20 2003) To improve the state legal defense system in cases against terrorism.
-Legislative Decree 924: (February, 20 2003): To add new provision including in the article 316 of the Penal Code.
-Legislative Decree 925: (February, 20 2003): To regulate collaboration in cases of terrorism.
-Legislative Decree 926: (February, 20 2003): To regulate nullification of trial process in cases of terrorism.
-Legislative Decree 927: (February, 20 2003): To regulate execution of punishment in cases of terrorism.
-Decreto Legislativo 921 Cadena Perpetua (Spanish)
-Decreto Legislativo 922 Nulidad de Procesos por delitos por traición a la patria (Spanish)
-Decreto Legislativo 923 Defensa del Estado contra del terrorismo (Spanish)
-Decreto Legislativo 924 Agrega delito de Apología al Terrorismo (Spanish)
-Decreto Legislativo 925 Colaboración eficaz en delitos de terrorismo (Spanish)
-Decreto Legislativo 926 Anulaciones en los procesos por delitos de terrorismo (Spanish)
-Decreto Legislativo 927 Ejecución Penal en Delitos de Terrorismo (Spanish)
-Ley que delega facultades en materia de terrorismo 27913 (Spanish)
-La nueva legislación antiterrorista: Avances y limites. Author: Carlos Rivera (Note)(Spanish)
-The war on terrorism: Peru and Present, a legal análisis. Author: Ralph Ruebner (Note)(English)
-Comunicado sobre la Resolucion del Tribunal Consitucional (Caso Tineo). Author: Comision de la Verdad (Note)(Spanish)
-Informe 71 Regulacion del Delito de Terrorismo. Author: Defensoria del Pueblo (Note)(Spanish)
Constitucional Procedure Legislation
Under the authority of the Article 200 of the Peruvian Constitution, individual has the right to enforce constitutional provisions before Courts by “habeas corpus”, “accion de amparo”, “habeas data” and “accion de cumplimiento”.
The “habeas corpus” focusses to challenge state action which deprive individual freedom. The “accion de amparo”, “habeas data” and “accion de cumplimiento” protect other individual rights rather than individual freedom. In the particular case of “habeas data” the individual challenges in Court government or private action that deprive him to release informtion or date which is under the interest of the claimer. On the other hand, the “Accion de Cumplimiento” allows to the claimer to request in Court the full performance of a government agency administrative decision.
By the Law 28237 the Congress enacted the Constitucional Procedure Code (May, 31 2004). That regulation contains the main rules that govern the Habeas Corpus, Habeas Data, Accion de Amparo and Accion de Cumplimiento proceedings.
-Codigo Procesal Constitucional. (Legislation)(Spanish)
-Ley 28400. Ley que precisa los alcances de la Primera Disposición transitoria y derogatoria de la Ley 28237, Codigo Procesal Constitucional. (Legislation)(Spanish)
VII. DOMESTIC JURISPRUDENCE BY THE CONSTITUTIONAL TRIBUNAL AND SUPREME COURT
VII.1 Constitutional Tribunal
For the last ten years the Constitutional Tribunal has been challenging legality of the Antiterrorism legislation enacted by the Executive and Congress during the war against terrorism.
In the landmark case Tineo (Exp. 010-2002-AI-TC) the Constitutional Tribunal draw the general framework of his approach about the antiterrorism legislation enacted by Fujimori administration questioning the legality of the Military forum to judge civilians under the authority of Military Judges. It also held that the Law Decree 25659 which created the crime of treason against the nation is illegal due that it is only applicable in case of external war against a foreign nation. More over, it is not applicable to foreigners, as happened in the case of Castillo Petruzzi and Berenson.
-Marcelino Tineo Silva y mas de 5000 ciudadanos (Exp. No. 010-2002-AI/TC)
VII.1.1 Military Forum
The Constitutional Tribunal held under the authority of Tineo Silva that in cases of treason against nation, which are been judged by the Military Courts it will be granted a new trial. Detainees claim to be released is not granted by the Constitutional Tribunal under the grounds that a Court of law would guarantee a trial under a due process of law.
-Crespo Bragayac (Exp: 0217-2002-HC/TC
-Jorge Alberto Cartagena (Exp: 0218-2002-HC/TC)
-Alfonso Santiago Leon (Exp: 2430-2002-HC/TC)
-Juan Carlos Quispe Gutierrez (Exp: 1261-2002-HC/TC)
-Jorge Hernandez Villa (Exp: 2329-2002-HC/TC)
-Otilia Judiht Ballon Fihtcher (Exp: 2331-2002-HC/TC)
-Walter Wilmer Cubas Baltazar (Exp: 2333-2002-HC/TC)
-Glicerio Aguirre Pacheco (Exp: 2379-2002-HC/TC)
-Elena Albertina Iparraguirre (Exp: 1011-2002-HC/TC)
VII.1.2 Maximum period of detention
In those cases (Mellado Saavedra Exp: 799-2002) the Constitutional Tribunal addressed a problem provoked by the nullity of the sentences delivered by Military Courts in terrorism cases. The Constitutional Tribunal held that the period of detention would be counted after the Court declared the nullity of the Military Court decision. The Constitutional Tribunal also explained that a new trial would be stand in order to guarantee new judgment, therefore Courts will be granted to extend preventive detention during the trial.
-Exp. 799-2002 Mellado Saavedra.
-Exp. 2414-2002 Castillo Petruzi
-Exp. 1170-2001 Castilo Petruzi
VIII. INTERNATIONAL JURISDICTION:
CASES BEFORE THE INTERAMERICAN COURT OF JUSTICE (AMERICAN CONVENTION ON HUMAN RIGHTS)
The International Human Rights Jurisdiction has been becoming in a “last shot” remedy for people around the world who did not reach any remedy in domestic judicial jurisdictions. Legal systems predominantly are been affected by the performance of domestic courts, commonly in some developing countries which the rule of law is not a regular practice individuals face to challenge states in international courts.
In the Peruvian case during the war against the terrorism Peruvian courts were predominantly ineffective to handle violations on human rights cases. In such scenario individuals have been recurring to international jurisdiction either the United Nations Human Rights Commission or the Inter American Human Rights Commission to reach an effective judicial remedy.
VIII.1 THE INTERAMERICAN INTERNATIONAL ON HUMAN RIGHTS SYSTEM.-
The Commission under the Article … set forth in the Convention has the attribute to carry out an exhaustive, impartial and effective investigation to determine a violation of an individual right protected by the Convention and then formulate recommendations to the States members in order to provide an effective remedy in the protection of the individual rights. In addition every report would be included in its annual report to the Organization of American States Assembly.
For years the American Convention on Human Rights system has constituted the only available effective remedy for Peruvian individuals to challenge the State of Peru in the commission of violation on Human Rights. In a context where the Peruvian courts would not provide effective measures to stop and repair those crimes and actions the Inter American Commission has constituted in an effective place providing protecting and repairing measure to Peruvian individuals
Description of the most important Reports: (The full text is available in the file attached to this report)
- Informe N°45 “Monago Individual Disappeared”
Date: April 13,2000
Summary: Petition submitted by the NGO Asociacion Pro Derechos Humanos (APRODEH) that alleged that the Republic of Peru violated the human rights of Messrs. Manuel Mónago Carhuaricra and Eleazar Mónago Laura, when they were detained by members of military and then disappeared. The Commission concluded that the Peruvian State through members of the Peruvian army detained Messrs. Monago and later proceeded to disappear them by force.
- Informe N°46 “Meneses Sotacuro Individual Disappeared”
Date: April 13, 2000
Summary: Petition submitted by the NGO Centro de Estudios y Acción Para la Paz (CEAPAZ) that alleged that the Republic o Peru violated the human rights of Messrs. Manuel Meneses Sotacuro and Féliz Inga Cuya, when they were detained by members of the police and then disappeared. The Commission concluded that the Peruvian Sate through members of the National police detained Messrs Meneses and Inca and that it subsequently proceeded to disappear them.
- Petition 12.537 Contraloria Retirados pensiones
Date: October 9, 2002
Summary: Petition submitted by the members of the National Association of Discharged and Retired Staff of the Office of the Comptroller General of the Republic of Peru and the Labor Advisory Center denounced that by its failure to enforce judgments of Peru’s Constitutional Court, the Republic of Peru had violated the right to private property, the right to a fair trial and the right to judicial protection recognized in the Articles 21, 8 and 25 of the American Convention to the detriment of Isabel Acevedo León and other members of that Association. The Commission declared admissible that petition notifying the petitioners and the Peruvian State with a view to arriving at a friendly settlement and eventually to continue with further proceedings according to the American Convention.
- Report N°1 “Townsend tapes espionage”
Date: January 19, 2001
Summary: Petition submitted by the Ana Elena Townsend Diez-Canseco and other Peruvian citizens that alleged that the Peruvian State through the National Intelligence Service of the State (SIN) was systematically wiretapping the petitioners, journalist, and opposition politician, and, furthermore, that they were the victims of incidents, also carried out by the SIN, in which they were followed and subjected to forms of intimidation and coercion such as espionage of journalistic activities, harassment and physical injury. The Commission concluded admitting the case and continuing with the analysis of the case.
- Report N°12 “Yachapalca inmates
Date: February 27, 2004
Summary: Petition submitted by Hilda Moore Chumbimuni and others that alleged that the Peruvian Stated violated certain rights to the detriment of the Challapalca Prison inmates who had been transferred there from Yanamayo prison on September 21, 2001. The Commission concluded that the petition is admissible.
- Report N°13 “Japanese Embassy Storm”
Date: February 27, 2004
Summary: Petition submitted by the Asociación Pro Derechos Humanos (APRODEH) alleged that the Peruvian Government violated certain rights to detriment of Eduardo Nicolas Cruz Sanchez and Herma Luz Melendez Cueva, who were detained and then summary executed by Peruvian army troopers stormed and retook the residence of the Ambassador of Japan in Peru on April 22, 1997, which had been in the hands of members of the Tupac Amaru Revolutionary Movement (MRTA since December 17, 1996. The Commission concluded that the case is admissible notifying the petitioners and the State of that decision.
- Report N°14 “Galindo Torture”
Date: February 27, 2004
Summary: Petition submitted by Mr. Luis Antonio Galindo Cardenas who alleged that he had been illegally detained in application of Decree law No. 25475 on terrorism, had been imprisoned in the barracks of the Yanac Anti-Subversive Battalion for 31 days and was initially held incommunicado, subjected to psychological torture and falsely and publicly accused of having sought recourse to Decree Law N° 25499, known as the Lay on Repentance. He further alleges that the State has not fulfilled its obligation to investigate the complaints and to punish those responsible.
Summary: The Commission concluded that is competent to hear the substance the case and that the petition is admissible.
- Report N°19 /99 “Settlement Juscamayta individual disappeared”
Date: February 23, 1999
Summary: Its alleged that the Peruvian Government through the Peruvian army arrested and disappeared Pastor Juscamaita Laura on March 10, 1990. The Commission concluded that agents of the security forces of the Peruvian State arrested Pastor Juscamaita Laura and disappeared him. Therefore, the Peruvian State is responsible for violation of the right to life (article 4) and the right to liberty (Article 7), as well of its general obligation to respect and guarantee the exercise of those rights as enshrined in Article 1(1) of the American Convention on Human Rigths.
- Report N°20 “General Robles Illegal detention”
Date: February 23, 1999
Summary: The petitioner Major General of the Peruvian Army Rodolfo Robles Espinoza alleged that the Peruvian Government had depriving him of the benefits to he was entitled after 30 years of active service being retired from the active service on the grounds of disciplinary measures because he revealed the existence of a “death squad” known as the “Colina Group” set up by the Peru’s National Intelligence Service (SIN). The Commission concluded that the Peruvian state through the imposition of enforced retirement as a disciplinary measure and other actions violated the petitioner’s right to personal freedom (article 7), freedom of thought and expression (article 13) and judicial protection (article 25) as enshrined in the American Convention.
- Report N°42 “La Cantuta”
Date: March 11, 1999
Summary: A petition filed by the NGO Asociación Pro Derechos Humanos (APRODEH) which accused to the Peruvian Government of violating the human rights of Hugo Muñoz Sánchez Professor at the Enrique Guzman Valle National University and a group of university students by abducting them from the University, in an operation carried out by troops of the Peruvian Government, and by proceeding to torture and summarily execute them on that same date. The Commission concluded that it is competent to hear this case as regards the compatibility of Amnesty Laws Nos. 26479 and 26492 with the American Convention in connection with the release of the individuals investigated and convicted of the La Cantuta massacre.
- Report N°43 “Castro Castro Penitenciary illegal execution”
Date: March 5, 2001
Summary: A petition formulated by the Mrs. Sabina Astete who alleged that Peruvian Government through the Peruvian army troops descended upon Lima’s “Miguel Castro Castro Prison” in order to transfer the prisoners to the “Santa Monica” Prison. During the attack the Peruvian army troops killed 34 inmates and another 18 wounded. The communications stated by these actions, the Peruvian Government violated the rights to life, humane treatment, personal liberty, the principles of freedom from ex post facto laws and of non-retroactivity, and the right to equal protection before the Law, recognized respectively, in articles 4,5,7,9 and 24 of the American Convention on Human Rights. The Commission concluded that under the articles 46 and 47 of the American Convention, it is competent to take up this case.
- Report N°43 “Sandoval Individual Disappeared”
Date: April 13, 2000
Summary: A petition formulated by the Comisión Espiscopal de Acción Social (CEAS) which alleged that the Peruvian state violated the rights of Messrs. Alcides Sandoval Flores, Julio César Sandoval Flores and Abraham Sandoval Flores when they were detained by military troops and then disappeared. The Commission concluded that Peruvian State is responsible for violating the right to liberty, the right to human treatment, the right to life of those individuals. In addition the Commission requested to the Peruvian government to carry out an exhaustive, impartial and effective investigation to determine the circumstances of the forced disappearance of those individuals.
- Report N°44 “Gomez Individual disappeared”
Date: March 5, 2001
Summary: The Centro de Estudios y Acción para la Paz (CEAPAZ) filed a complaint against the Peruvian Government on behalf of Emilio Moises and Rafael Samuel Gómez Paquiyauri who were arbitrarily detained and then murdered by the Peruvian state. Peru requested that the case be closed, as much as those responsible for the deaths of Messrs. Paquiyauri had been convicted of aggravated homicide were judged and sentenced to imprisonment. The Commission decided to admit the case and to continue to examine its merits.
- Report N°44 “Zavala Martinez individual disappeared”
Date: March 5, 2001
Summary: A petition by Asociación Pro Derechos Humanos on behalf of Mr. Américo Zavala Martínez alleging that Mr. Martinez was detained by members of the military forces and then disappearing him. The State alleges that it detained Mr. Martinez but that it later released him. The Commission concluded that the Peruvian State is responsible for violating the right to liberty, the right to humane treatment, the right to life, the right to juridical personality and the right to an effective judicial remedy. In addition the Commission recommended to the Peruvian government to carry out an exhaustive, impartial and effective investigation to determine the circumstances of the forced disappearance of Mr. Zavala and that it punish the persons responsible, in keeping with the Peruvian Legislation.
- Report N°45/00 “Zuñiga explosive envelope”
Date: March 5, 2001
Summary: APPRODEH filed a complaint on behalf of Mr. Augusto Alejandro Zuñiga Paz alleging that the Peruvian state failed to investigate and punish an incident involving the explosion of a letter bomb that the petitioner received at the headquarters of a nongovernmental organization, namely the Comisión de Derechos Humanos. The Commission decides to admit the case and continue with its analysis of the merits.
- Report N°47/00 “Pacotaype individual disappeared”
Date: April 13, 2000
Summary: A petition submitted by the non-governmental organizations Centro de Estudios y Acción para la Paz and the Asociación Pro Derechos Humanos and the Centros de Estudios y Acción para la Paz. It was alleged that the Peruvian State violated the human rights of Messrs. Manual Pacotaype Chaupin, Martin Cayllahua Galindo, Marcelo Cabana Tucno and Isaias Huamán Vilca, when they were detained by police personnel, and then disappeared. The State alleged that those individuals were not detained by the police. The Commissión concluded that Peru violate to detriment of the persons mentioned, the rights set forth at Articles 7, 5, 4, 3 and 25 of the American Convention on Human Rights.
- Report N°48/00 “Vasquez Bejarano Supreme Judge”
Date: April 13,2 2000
Summary: A petition submitted by the citizen Walter Humberto Vasquez Bejarano and other twelve other Justices who alleged were ilegal removing from their posts as justices or magistrates of Peru’s Supreme Court of Justice by promulgating and implementing the Decree-Law 25.423. They alleged that the Peruvian state their rights set forth in the article 8, 9, 23 and 25 of the Convention. The Commission concluded that Mr. Vasquez Bejarano was deprived of this fundamental rights set forth in the articles 8, 9, 23, and 25 of the American Convention on Human Rights. In addition the Commission recommended to the Peruvian State to reinstate Dr. Vasquez Bejarano to his position as Justice of the Supreme Court and pay him back salary all other benefits to which he is entitled as a Supreme Court including if appropriate his pension. The Commission also recommended to provide appropriate compensation to Dr. Vasquez Bejarano for moral and material damages sustained as a result of the violations of his human rights.
- Report N°49/00 “Florentino Molero torture”
Date: A petition filed by the nongovernmental organization APRODEH on behalf of Messrs. Rodolfo Gerbert Asencios Lindo, Rodolfo Dynnik Asencios Lindo, Marco Antonio Ambrosio Concha and Carlos Florentino Molero. Pettioners alleged that those individuals were detained, tortured and subsequently, by sentencing to be imprisonment on terrorism charges at trials that were totally lacking in due judicial guarantees and that concluded with sentences handed down by “faceless” courts. The petitioners alleges that the State violated the victim’s right to personal freedom, right to humane treatment, and right to a fair trial as set forth in Articles 7, 5 and 8 of the American Convention on Human Rights. The Commission concludes that Peru violated, in respect of these named persons, the rights enshrined in Articles 7, 5, and 8 of the Convention, in connection with the terms of its Article 1(1), and extends the relevant recommendations to the Peruvian State.
Report N° 51/99 “Anetro Castillo and others disappeared”
Date: April 13, 1999
Summary: It is submitted a petition charged that the Peruvian Stated violated the rights of Messrs. Anetro Castillo Pezo, Alejandro Carhuamanca, Juan Alberto Vásquez Gonzáles and others, when they were arbitrarily arrested in the department of San Martin by
- members of the Peruvian armed forces and then disappeared. The commission concluded that the Peruvian army proceeded to illegally detain and bring about the disappearance of Messrs. Antero Castillo Pezo, Alejandro Carhuamanca, Juan Alberto Vázquez Gonzáles and others. The Commission recommended to the Peruvian Government initiate a serious, impartial and effective investigation of the facts in order to establish the whereabouts of such individuals.
- Report N° 54/98 “Leonor La Rosa Torture”
Date: December 8, 1998
Summary: APRODEH submitted a petition on behalf of Mrs. Leonor La Rosa Bustamante who as working as an agent of the Peruvian Army Intelligence Service (SIE). It alleged that she was tortured by members of SIE. The Commission concluded that it has competence to hear this case notifying the Peruvian State and the petitioners its considerations of the merits of the case.
- Report N°55/99 “Huilca Illegal execution”
Date: September 25, 1998
Summary: I is submitted a petition which alleged that the General Secretary of the General Confederation of Workers of Peru, Pedro Huillca Tecse was assassinated. That action was attributed to a commando group of the Shining Path. Some members of that group were captured and convicted. Time later, the retired General Rodolfo Robles and other sources alleged that Mr. Huilca was killed by the members of the Colina Paramilitary Group. The Commission declared this case admissible notifying the Peruvian government and the state this decision.
- Report N°56/98 “Berenson Illegal trial”
Date: December 8, 1998
Summary: It is submitted a petition on behalf of Lori Berenson, a United States citizen. The petition states that the Peruvian Government sentenced Mrs. Berenson to life imprisonment by “faceless” military courts in Peru, which tried her in proceedings that violated the guarantees established in the American Convention on Human Rights. The Commission concluded that it is competent to hear the present case and that it is admissible.
- Report N°66/00 “Mamerita Mestanza Reproductive Health Rights
Date: October 3, 2000
Summary: It is submitted a petition on behalf of Maria Mamerita Mestanza Chavez alleging that Mr. Mestanza was forcefully subjecting to surgical sterilization, which ultimately caused her death. That procedure was performed by the Peruvian State. The petitioners alleged that in this case constitute a violation by the Peruvian State of the rights to life, humane treatment, and equality before the law, set forth in Articles 4, 5, 1, and 24 of the American Convention on Human Rights (hereinafter “the Convention” or the “American Convention”), as well as violations of Articles 3, 4, 7, 8, and 9 of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (hereinafter “Convention of Belém do Pará”), Articles 3 and 10 of the Additional Protocol to the American Convention on Human Rights in the area of Economic, Social and Cultural Rights (hereinafter “Protocol of San Salvador”), and Articles 12 and 14(2) of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The Commission concluded that it is competent to hear this case and that the petition is admissible.
- Report N°69/04 “San Mateo Environmental Issues”
Date: October 15, 2004
Summary: The National Coordinator of Communities of Peru affected by Mining claiming that state of Peru is responsible for the violation of the fundamental individual and collective rights of the members of the Community of San Mateo de Huanchor for the effects sustained by the members of the community as a result of the environmental pollution produced by a field of toxic waste sludge next to the community. The petitioners claim that the State is responsible for violating the rights to life, humane treatment, personal liberty, a fair trial, protection of honor and dignity, freedom of association, protection of the family, rights of the child, property, freedom of movement and residence, to participate in government, equal protection before the law, judicial protection, and progressive development of economic, social, and cultural rights enshrined in Articles 4, 5, 7, 8, 11, 16, 17, 19, 21, 22, 23, 24, 25, and 26 of the American Convention on Human Rights (hereinafter the American Convention or the Convention), all of which are in accordance with Article 1(1) of the same inter-American instrument. The Commission concluded without making any prior judgment on the merits of the case, the petition is admissible.
- Report N°70/03 “Zuñiga Paz Agreement arm lost”
Date: October 10, 2003
Summary: (Agreement) Mr. Augusto Alejandro Zuñiga Paz and the Peruvian state signed an agreement in which the peruvian state recognizes Mr. Zuñiga as the sole beneficiary of a monetary compensation in the amount of US $60,000 in compensation for the damages and injuries caused by a letter bomb attack in which he lost his left arm. That friendly settlement agreement does not extinguish the civil and criminal liabilities of those directly responsible for violating the rights of Mr. Zuñiga Paz to his physical integrity. The Commission concluded its gratefulness with the agreement.
- Report N°71/03 “Mestanza Reproductive Health Rights”
Date: October 22, 2003
Summary: (Friendly Settlement) The petitioners on behalf of Mrs. Mestanza alleged that the Peruvian state forced her to be sterilized that ultimately caused her death. On March 2, 2001 both parties signed the preliminary agreement for friendly settlement with intervention and approval by the IACHR. In that agreement the Peruvian state awards one-time compensation to the estates of Mrs. Mestanza of USD 10,000 dollars for reparation of moral injury. The agreement for peaceful settlement does not include the beneficiaries’ right to damages from all those responsible for violation of Mrs. Mestanza. In addition the Peruvian Government promises to make a one-time payment to the Mrs. Mestanza beneficiaries of USD 7,000 dollars for psychological rehabilitation treatment. On other hand the Peruvian States agreed to make an additional payment of twenty thousand U.S dollars to Mr. Jacinto Salazar Juarez to by land or a house in the name of the children he had with Ms. Maria Mamerita Mestanza.
The Peruvian government pledges to change laws and public policies on reproductive health and family planning, eliminating and discriminatory approach and respecting women’s autonomy. The Commission concluded to approve the terms of the Agreement for Friendly Settlement.
- Report N°75/02 “Livia Prosecutor”
Date: December 13, 2002
Summary: (Friendly Settlement) The petitioner Mr. Pablo Ignacio Livia Robles alleged that by decree law N° 25466 of April 24 1992 he was summarily dismissed from his post as Principal Provincial Prosecutor of Lima. The petitioner further stated that within a few days of his dismissal, he appeared before a Lima Civil Court to petition for Amparo relief, the court refused to grant cert on the grounds that under decree law N° 25454 of 27 April 1992 petitions of amparo could not be used to challenge the effects of the application of decrees law N° 25423, 25442 and 25446. On February, 22, 2001 the Peruvian Stated and the petitioner reached a friendly settlement agreement, in which the Peruvian State promise to pay the petitioner the sum of USD 20,000 dollars as compensation for material and moral damages and lucrum cessans. In addition the Peruvian State agrees to restore Dr. Pablo Ignacio Livia Robles to his post a Lima’s Principal Criminal Prosecutor. The Peruvian State pledges to recognizes the years of service that the victim was unable to work because he was removed from his post.
- Report N°83/01 “Tarazona Murder”
Date: October 10, 2001
Summary: A petition was filed denouncing that the Peruvian state murdered Mrs. Zulema Tarazona Arriate, Mrs. Norma Teresa Perez Chavez and for the personal injuries to Mr. Luis Alberto Bejarano Laura by member of the Peruvian Army. The Peruvian State argued that the petitioners failed to exhaust domestic remedies. The Commission concluded that it is competent to hear this petition and that it is admissible.
- Report N°85/03 “ Velarde Retamozo: Arbitrary detention”
Date: October 22, 2003
Summary: Petitioner, Uldarico Velared M alleged that the Peruvian Government injured Mons. Lilia Velarde Retamozo by detaining her, torturing her, judging by “faceless judges” and sentencing her to life in prison for the crime of treason, without sufficient evidence for that verdict. The Peruvian state disputed several of the points of the petition and asserting that it should be ruled inadmissible because it is manifestly groundless and furthermore was submitted after the deadline prescribed in the American Convention. The Commission concluded that the petition is admissible concerning the alleged violations of the right to personal integrity, personal freedom, judicial guarantees, the principle of legality, protection of honor and dignity and judicial protection.
- Report N°107/05 “Salas Gamboa Peru Settlement”
Date: December 28, 2005
Summary: (Friendly Settlemant) The petitioner alleged that the Peruvian state violated his right to a fair trial, the right to protection of honor, his political rights, the right to equality before the law, and the right to judicial protection. Those rights were violated by the National Council of Magistracy in its decision not to ratify his appointment as a full judge of the Supreme Court of Justice of the Republic. By this friendly settlement the Peruvian government agreed to reinstate him in the position of full member of the Supreme Court of Justice of the Republic. In addition the Peruvian state recognizes the petitioner’s right to the payment of comprehensive compensation that includes los earnings, actual damages, an moral injury in the sum of US$ 20,000.00 dollars. The Commission reiterated its satisfaction with the attainment of the friendly settlement agreement in this case based on the object and purpose of the American Convention.
- Report N°111/00 “López Gonzales Individuals disappeared”
Date: December 4, 2000
Summary: APPRODEH, a Peruvian non-governmental human rights organization submitted a petition on behalf of Messrs. Hipolito López Gonzáles and Alejandro Castillo Vega. It was alleged that the Peruvian state violated the human rights of that individuals and other citizens. They claimed that the Police and Navy of Peru detained in May 2, 1992 and then disappeared them. The Peruvian state alleged that those individual were not detained by police or military forces. The Commission concluded that Peruvian state through members of the National Police and Peruvian Navy, detained Messrs. Pedro Pablo Lopez Gonzales, Denis Atilio Castillo Chavez and others and that it then proceeded to disappear them. The Commission recommended to the Peruvian State to carry out an exhaustive, impartial and effective investigation to determine the circumstances of the forced disappearance of Pedro López Gonzáles, Denis Atilio Castillo and others.
- Report N°112 “Cruz Ocalio Individual disappeared”
Date: December 4, 2000
Summary: CEAPAZ a Peruvian non-governmental organization submitted a petition on behalf of Mr. Yone Cruz Ocallo alleged that members of the Police detained him and then disappearing him. The State alleges that Mr. Cruz Ocalio was not detained by police or military forces. The Commission concluded the Peru violated, in his person, the rights set forth at the Articles 7, 5, and 8 of the American Convention on Human Rights. In addition the Commission recommended the Peruvian state to carry out an exhaustive, impartial and effective investigation to determine the circumstances of the forced disappearance of Mr. Yone Cruz Ocalio and that it punish the persons responsible, in keeping with Peruvian legislation.
IX. MAIN INITIATIVES IN THE PROTECTION OF HUMAN RIGHTS
IX.1 The Reconciliation and Truth Commission (2001-2004)
The Peruvian Truth and Reconciliation Commission (TRC) (in Spanish: Comisión de la Verdad y Reconciliación (CVR)) was established in June 2001 to examine atrocities committed in the 1980s and 1990s. The Commission congregated many sectors of Civil Society, including scholars, journalists, sociologists, priests and artists.
The Commission focused on massacres, forced disappearances, human rights violations, terrorist attacks, and violence against women, committed by both the rebel groups Shining Path and Túpac Amaru Revolutionary Movement as well as the Peruvian state. Its work encompassed holding public meetings, collecting testimonies, and making forensic investigations.
It also made recommendations for reparations and institutional reforms. Its estimation of victims for the period was 69,280 dead.
In its final report, the CVR points at Shining Path as the major perpetrator of human rights violations (torture, kidnapping, assassinations), with the Armed Forces in second place and MRTA in third.
-The Final report is available at the Reconciliation and Truth Commission website (http://www.cverdad.org.pe/ingles/ifinal/index.php)
IX.2 The Ministry Public and the work of the Interdisciplinary Forensic Team
During 80’s and 90’ Peru faced high scale armed conflict initiated by the Peruvian Communist Party “Shining Path” and the Tupac Amaru Military Movement. After years of violent conflict where the Peruvian state responded with military force, thousand of individual just disappeared or were assassinated. As an answer of a humanitarian relatives need to recover and identify the corpses of family members the Ministry and the legal obligation to prosecute those allegedly crimes, the Ministry Public created the Interdisciplinary Forensic Team which is a special task group working in the highlands of Peru focuses in the identification of individuals who disappeared during the armed conflict.
The Interdisciplinary Forensic Team is part of the Forensic Institute (Instituto de Medicina Legal) which is placed under direct authority of the Attorney General Office (Fiscal de la Nacion) (for further information: www.mpfn.gob.pe/iml/div_ddhh.php)
At this time with the financial support of the European Commission (www.jusper.org.pe) the Ministry Public is constructing the first forensic laboratory in the city of Huamanga, once the heart of the Shining Path activity, with the purpose to serve in the identification of more than 10,000 of disappeared individuals during the armed conflict in 80’ and 90’.
Data Available: (Those reports were published at the Instituto de Medicina Legal electronic journal “El Heraldo Forense”)
-Estrada Moreno, Flavio. Arqueologia Forense y Derechos Humanos en el Peru (Report) (Spanish)
-Parra Chinchilla,Roberto. Personas Desaparecidas, Cuerpos Recuperados (Report)(Spanish)
-Instituto de Medicina Legal. Trabajo de las Unidades Arequeologicas Exploratorias – Galeria de Imagenes- (Report) (Spanish)
X. NEWS AND RELEVANT INFORMATION
X.1 Alberto Fujimori Extradition and Trial in Peru:
After Alberto Fujimori was extradited from Chile, he is facing a set of major trials before the Peruvian Supreme Court for alleged crimes against humanity, in particular the Ministry Public is standing that Alberto Fujimori as a President of the Republic was fully aware of the activities of the death squad “Grupo Colina” who apparently performed a set of massive assassination as happen in the case of “La Cantuta” and “Barrios Altos”
At this time Alberto Fujimori is faced cross-examinations by the special prosecutor appointed for this case to determine the extend of this relationship with his former intelligence advisor Vladimiro Montensinos, who was also charged to command the “Grupo Colina”.
Recently in December 12, Alberto Fujimori was sentenced to six years prison by the Supreme Court for committing an illegal trespassing of a private property by a public officer during the research of allegedly “videos” filmed by his advisor Vladimiro Montesinos.
-Fujimori: Extradicion al Peru o juicio en Chile. (Author) Federacion Internacional de Derechos Humanos (report) (Spanish)
-Sentencia de la Corte Suprema de Justicia de Chile del 21 de Setiembre del 2007.
X.2 The Free Trade between the US and Peru:
The Free trade between the United States of America and Peru was recently ratified by the US senate (December 4). Potential benefits and disadvantages raised by the implementation of the Free trade will be faced in the next years. Peruvian business community is quite divided about the potential benefits of the Free Trade. The majority of the modern economic sector is backing the free trade as a way to improve Peruvian economy ability to enter in the U.S market. However, NGOs who are represented small business interests in particular in the agriculture and cattle activity in rural areas in Peru are expressing deeply concern about the pernicious outcomes to import cheaper agriculture products cheaper subsidized by the U.S government.
On other hand, issues around Intellectual Property law, in particular patentability of generic medicaments are one of the major concerns for Peruvian NGOs. In fact, the Free trade agreement obigates to Peru to follow World Trade Organization standards recognizing pharmaceutical companies’ rights to patent medicaments products in the Peruvian market. Such situation will t
-The US-Peru Free Trade Agreement. Author: Report of the Labor Advisory Committee for Trade Negotiations and Trade Policty (LAC). (English) (Report)
-Tratado o acuerdo: Cuestion de Soberania. Author: Revista Agraria (Spanish)(Note)
 For more information about that army conflict, a briefly analysis of the violation of Human Rights during 1980-1996 will be consult at the Reconciliation and Truth Commission Report.
 Alberto Fujimori searched Vladimiro Montesinos wife’s house looking for allegedly videos in which the former President Alberto Fujimori would appear performing illegal activities.
 In the Cantuta case a death squad (Grupo Colina) supposedly sponsored by the Peruvian Government may assassinated a group of students and a professor from a Public National University. In Barrios Altos case, the same group Colina may kill more than 12 persons, when such a death squad stormed a family party in a neighborhood in the downtown of Lima.
 “Rondas Campesinas” commonly are a group of peasants organized to defend their community against a common menace. During the armed conflict in 80’s and 90’s, the Peruvian army backed them providing military training and weapons to fight against the Shining Path and the Tupac Amaru Revolutionary Movement.
 For further information: http://www.rree.gob.pe/portal%5CPbilateral.nsf/0/CC017389DF1586ED05256E3D00696373?opendocument
 For more information: Bazán Chacon, Ivan. “Experiencias ante las Comisiones de Derechos Humanos de la ONU y de la OEA: El Caso de Perú. Seminario Internacional: “Impunidad y sus efectos en los Procesos Democráticos” Santiago de Chile, 14 de Diciembre de 1996. (www.derechos.org/koaga/xi/2/bazan.html)