Amnesty International Report 2005 - Peru

Covering events from January - December 2004

Some of the Truth and Reconciliation Commission's recommendations were implemented. Military courts continued to claim jurisdiction over cases of human rights violations. Trade unionists and journalists were among those subjected to threats and attacks. There were reports of torture and ill-treatment of detainees and of excessive use of force by police. Prison conditions remained harsh.

Background

Throughout 2004 there were mass demonstrations and strikes to protest against government policies and demand better working conditions. According to the UN, over 50 per cent of Peruvians lived in poverty and almost 25 per cent in extreme poverty. In rural areas, widespread discontent with local authorities reportedly led to violent social unrest, including the murder by lynching of a mayor accused of corruption in Ilave, Puno. In two other districts in the same department a 30-day state of emergency was declared following violent clashes between police and protesters.

Small groups of members of the armed opposition group Shining Path reportedly continued to operate in some areas. In June there were reports of ambushes by Shining Path in the highlands and central jungle regions.

No progress was made over the extradition of former President Alberto Fujimori from Japan on charges of human rights violations, and a second extradition request was filed on corruption charges.

In October the Constitutional Court ruled that articles of military law criminalizing homosexuality were unconstitutional.

Past human rights abuses

The government established a system of prosecutors' offices and courts to investigate and try past human rights abuses. It also announced several initiatives to offer reparation to the victims of human rights abuses and their families and to assist development in areas affected by violence. However, by the end of 2004, very few people had received compensation. Trials had started in only three of 43 cases of human rights abuses presented by the Truth and Reconciliation Commission to the Attorney General's Office.

Military courts

Cases of human rights violations continued to be transferred to military courts, despite the Constitutional Court's ruling in August that military courts should only try offences committed in the line of duty. However, there were positive developments in November and December when the Supreme Court of Justice ruled in favour of civilian courts over military courts in two such cases where the jurisdiction had been disputed.

• In August the Supreme Council of Military Justice confirmed the dismissal of the charges by a military court in 1994 of the former presidential adviser on intelligence, Vladimiro Montesinos; the former Commander in Chief of the Armed Forces, Nicolás Hermoza Ríos; and the retired General Luis Pérez Documet for their alleged involvement in the killing and "disappearance" of nine students and a teacher in 1992.

Women's rights

Violence against women in the family remained a concern, despite implementation of legal reforms during the previous decade aimed at tackling the problem.

Draft legislation on equal opportunities and gender equality was still pending in Congress after more than two years.

No progress was made in over 500 cases documented by the Truth and Reconciliation Commission of women and girls raped, mainly by the military, during the internal armed conflict.

Prison conditions, torture and ill-treatment

Prison conditions remained harsh. Conditions in maximum security prisons in some cases amounted to cruel, inhuman and degrading treatment. Despite calls for the closures of Challapalca and Yanamayo prisons, in Tacna and Puno, both remained open.

Torture and ill-treatment of detainees by security officials remained a concern. Legislation introduced in 1998 to criminalize torture had led to only three convictions by the end of 2004.

Threats and intimidation

There were reports of threats and attacks against trade unionists, journalists, human rights defenders, and victims and witnesses of human rights violations. In two separate cases local authorities appeared implicated in the alleged murders of journalists.

The legacy of the counter-insurgency

Retrials began in the cases of scores of political prisoners after the Constitutional Court ruled in 2003 that life imprisonment and the use of military courts to try civilians were unconstitutional. The 2003 decree laws issued to conform with this ruling annulled sentences handed down by military courts for the crime of "treason" and ordered that cases be retried in civilian courts. They also ordered the retrial of all those tried between 1992 and 1997 by civilian "faceless judges" (judges whose identities were kept secret). Cases being retried included that of Abimael Guzmán, the former leader of Shining Path. Hundreds of people were awaiting retrial.

The National Terrorism Court began reviewing irregular or incomplete arrest warrants issued under the same 1992 legislation. During the year over 3,000 people reportedly had warrants withdrawn.

Prisoners of conscience and possible prisoners of conscience unfairly charged with "terrorism-related" offences remained in prison. There were serious concerns that they would remain in prison while awaiting retrial within a slow and inefficient judicial system.

Transnational companies

In February a Canadian mining company announced that it would begin arbitration proceedings over a 2003 government ruling to block a mining project in Tambogrande, Piura. The project faced strong opposition from local inhabitants who feared that mining in the area would result in water and soil contamination and endanger crops, threatening their social and economic rights.

In September the government withdrew permission from a transnational mining company to carry out gold exploration in Cerro Quilish, Cajamarca, following protests by local peasants who argued that mining would damage water supplies.

Economic, social and cultural rights

The UN Special Rapporteur on the right to health expressed concerns that a trade agreement with the USA would lead to essential drugs becoming unaffordable for millions of Peruvians. He stated that many Peruvians died from treatable medical conditions.

The UN Special Rapporteur on the right to adequate housing raised concerns that public housing programmes did not reach those living in extreme poverty.