Peru: The illegal arrest of people who were falsely accused of having assisted the Shining Path (Sendero Luminoso); recourses available to these people (2002-July 2003)

Little information on the illegal arrest of people who were falsely accused of having assisted the Shining Path (Sendero Luminoso) could be found among the sources consulted by the Research Directorate. Country Reports 2002 indicated that "[d]uring the year [2002], 400 prisoners accused of treason related to terrorism offences filed petitions for habeas corpus" (31 Mar. 2003, Sec. 1.d). For more information on the procedures used to arrest people accused of terrorism, please consult Section 1.d of Country Reports 2002.

With regard to the recourses available to people who were arrested and falsely accused of having assisted the Shining Path, it should be noted that, according to information published in January 2003, the constitutional court of Peru rejected the anti-terrorism decrees issued by former President Fujimori (AP 3 Jan. 2003; BBC 4 Jan. 2003; Counterpunch 14 June 2003). Among other findings, the constitutional court declared the use of military tribunals to try civilians unconstitutional and that the laws were not in line with international human rights norms (ibid.; BBC 4 Jan. 2003). Furthermore, in referring to several individuals who were found guilty of committing acts of terrorism and sentenced to life in prison, the court found that this punishment was "unconstitutionally excessive" (Counterpunch 14 June 2003; AP 3 Jan. 2003; BBC 4 Jan. 2003). The court also recommended a review of the sentences of all persons who had served 30 years in prison (Counterpunch 14 June 2003).

According to the Latin American Weekly Report, President Toledo responded by vowing that "no terrorist will be released," and by obtaining from the Legislative Assembly of Peru special powers that allow him to legislate by decree for 30 days on terrorism-related matters, as well as judicial and penal procedures (14 Jan. 2003). Furthermore, the constitutional court authorized the government "to hold convicted terrorists pending their case review, and the outcome of any new trials" (Counterpunch 14 June 2003).

According to a 21 February 2003 article from Associated Press, the new laws against terrorism decreed by President Toledo meant that the cases of at least 1,800 prisoners accused of terrorism would be reviewed. Under these new laws, the cases of individuals previously sentenced by civil or secret military courts were to be reviewed by special investigators, who would decide case by case if the detainees should receive new trials or be released (AP 21 Feb. 2003). Although Amnesty International welcomed the possibility that some political prisoners would receive new trials in the civil courts, it "has not yet been able to evaluate the effect of these decrees in terms of guaranteeing fair trials for all political prisoners and gaining the release of all those wrongfully charged with crimes of ‘terrorism'" (12 May 2003).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Amnesty International. 12 May 2003. "Peru: ‘Innocent Prisoners': Unifinished Business From the Transition to Democracy." [Accessed 17 July 2003]

Associated Press. 21 February 2003. "Peru to Review 1,800 Terror Sentences." [Accessed 16 July 2003]

____. 3 January 2003. Drew Benson. "Peru Court Strikes Down Anti-Terror Law." [Accessed 16 July 2003]

BBC News. 4 January 2003. "Peruvian Terrorism Laws Overturned." [Accessed 16 July 2003]

Counterpunch. 14 June 2003. Noah Leavitt. "Peru as Our Crystal Ball?" [Accessed 16 July 2003]

Country Reports on Human Rights Practices for 2002. 31 March 2003. "Peru." United States Department of State. Washington, DC. [Accessed 17 July 2003]

Latin American Weekly Report. 14 January 2003. "Toledo Gets Special Powers on Terrorism; Rewriting Rules To Sidestep Constitutional Verdict." (NEXIS)

Additional Sources Consulted

IRB Databases

Internet sites, including:

Amigos de Villa [Lima]

Caretas [Lima]

El Comercio [Lima]

Comisión Andina de Juristas (CAJ)

La Encuesta

La Esquina del Movimiento

Freedom House

Human Rights Watch

International Committee of the Red Cross

El Peruano [Lima]

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