SECOND
REPORT ON THE SITUATION OF HUMAN RIGHTS
IN PERU
TABLE
OF CONTENTS
INTRODUCTION
A.
BACKGROUND
B.
FRAME OF REFERENCE
C.
THE ON-SITE VISIT
D.
ACKNOWLEDGMENTS
E.
APPROVAL OF THIS REPORT
SECTION
I - DEMOCRACY AND RULE OF LAW
CHAPTER
I. STRUCTURE OF THE PERUVIAN
STATE
A.
THE 1993 CONSTITUTION
1.
The Legislative Branch
2. The Executive Branch
3. The Judicial Branch
4. National Council of the Judiciary (Consejo
Nacional
de la Magistratura)
5. The Public Ministry
6. Constitutional Court
7. The Security and National Defense
System
8. The Electoral System
B.
THE PERUVIAN CONSTITUTIONAL SYSTEM
AND
HUMAN RIGHTS
1. Peru's
Constitutional Framework
2.
Peru's International Obligations
3.
The Office of the Human Rights Ombudsman
CHAPTER
II. ADMINISTRATION OF JUSTICE AND
RULE OF LAW
A.
INTRODUCTION
B.
THE CIVILIAN JURISDICTION:
JUDICIAL REFORM
1.
The "Provisional" judges
2. Public Ministry
3. The "Provisional"
prosecutors
4. The Judicial Coordination Council (Consejode
Coordinación Judicial)
5. The National Council of the
Judiciary
6. The Constitutional Court
C.
THE CIVILIAN JURISDICTION:
THE ANTI-TERRORIST
LEGISLATION
1. Context of
the anti-terrorist legislation
a.
Rights that cannot be suspended
b. Guarantees that cannot be
suspended
c. Decree Law No. 25,475 on the crime
of terrorism
d. Modification of the anti-terrorist
legislation
2. The Ad
Hoc Commission and the Innocent Persons
3
The Requisitoriados
4.
Failure to make full reparation and victims of the violence
5.
Acts of persecution against judges and lawyers
D.
THE MILITARY JURISDICTION: EXPANSION
1. Decree-Law
No. 25,659 on the Crime of Treason (Traición a la Patria)
a.
Violation of the right to personal liberty [Article 7(5)]
b. Violation of the principle of legality
[Article 9]
c. Violation of judicial guarantees and
due process [Article 8]
(i)
Violation of the right to a regular judge
with jurisdiction [Article 8(1)]
(ii)
Violation of the opportunity and adequate
means to prepare a defense [Articles 8(2)(b) and
8(2)(c)]
(iii)
Violation of the right to choose one's
defense counsel [Article 8(2)(d)]
(iv)
Violation of the right to question
witnesses [Article 8(2)(f)]
(v)
Violation of the right to appeal the judgment
before a higher judge or court [Article 8(2)(h)]
(vi)
Violation of the right to a public trial [Article 8(5)]
(vii)
Violation of the right to judicial protection
[Articles 25 and 7(6)]
(viii)
Violation of the right to humane treatment
[Article 5]
(ix)
Violation of Articles 1(1) and 2 of the Convention
2. Legislation
on national security
E.
THE MILITARY JURISDICTION: IMPUNITY
1. Military
courts and impunity
2.
Amnesty laws and impunity
F.
FAILURE
TO ENFORCE JUDICIAL JUDGMENTS
G. CONCLUSIONS
H.
RECOMMENDATIONS
CHAPTER
III. INTERNATIONAL OBLIGATIONS:
PERU AND THE INTER-AMERICAN HUMAN RIGHTS SYSTEM
A.
INTRODUCTION
B.
FAILURE TO COMPLY WITH THE RULINGS OF THE
INTER-AMERICAN COURT OF
HUMAN RIGHTS
1. Cases
submitted by the Commission to the Court regarding Peru
a.
Case of Castillo Páez
b. Case of Loayza Tamayo
c. Case of Castillo Petruzzi et
al.
2.
National "review" of judgments of the
Inter-American
Court
3.
The response of the Inter-American Commission
4.
The Court's decision in these cases
C.
THE CLAIMED
"WITHDRAWAL" FROM THE COURT'S
CONTENTIOUS
JURISDICTION
1. The
Commission's press release
2.
Case of Ivcher Bronstein
3.
Case of the Constitutional Court
4. The Commission's position with respect
to the claimed "withdrawal"
5.
The judgments on the Court's jurisdiction
D.
FRIENDLY SETTLEMENTS
E.
CONCLUSIONS
F.
RECOMMENDATIONS
CHAPTER
IV. POLITICAL RIGHTS
A.
INTRODUCTION
B.
CONSTITUTIONAL REVIEW v. RE-ELECTION
C.
STATE INTERFERENCE IN THE EFFECTIVE EXERCISE OF
THE
RIGHT TO CITIZEN POLITICAL PARTICIPATION
D.
ACTIONS TO HARASS OPPOSITION PRESIDENTIAL
CANDIDATES
AND OTHER POLITICAL FIGURES
E.
THE USE OF WIRETAPS
F.
INTIMIDATION
G.
SITUATION PRIOR TO THE 2000 ELECTIONS
H.
THE 2000 ELECTIONS
I.
CONCLUSIONS
CHAPTER V.
FREEDOM
OF EXPRESSION IN PERU
A.
INTRODUCTION
B.
FREEDOM OF EXPRESSION AND RULE OF LAW
C.
THE PROTECTION AFFORDED FREEDOM OF EXPRESSION
IN PERU'S DOMESTIC
LEGISLATION
D.
DISSEMINATION OF EXPRESSIONS OF
POLITICAL DISSENT
IN PERU
1.
State tolerance and the effective exercise of
the
right to inform
2.
Systematic harassment
3.
The role of the Judiciary as guarantor of the
freedom
of expression
a.
The use of the judiciary to harass journalists
b.
Breach of the duty to investigate abuses and
crimes
against journalists
E.
CHRONOLOGY OF COMPLAINTS REGARDING THE
FREEDOM
OF EXPRESSION
F.
CONCLUSIONS AND RECOMMENDATIONS
SECTION
II. ECONOMIC, SOCIAL AND CULTURAL
RIGHTS,
AND PRISON SITUATION
CHAPTER
VI. ECONOMIC, SOCIAL AND CULTURAL
RIGHTS
A.
INTRODUCTION
B.
LEGAL FRAMEWORK
C.
OBSERVANCE OF ECONOMIC, SOCIAL AND
CULTURAL
RIGHTS IN PERU
1. Progress
2. Problematic aspects
D.
RECOMMENDATIONS
CHAPTER
VII. WOMEN'S
RIGHTS
A.
INTRODUCTION
B.
LEGAL REGIME
1. International
legal framework
2.
Domestic legal framework
C.
PROGRESSIVE MEASURES
D.
DISCRIMINATION
E.
VIOLENCE
1.
Domestic and sexual violence
2.
Reproductive health
F.
RECOMMENDATIONS
CHAPTER VIII.
THE RIGHTS OF THE CHILD
A.
INTRODUCTION
B.
LEGAL FRAMEWORK
1.
International
legal framework
2.
Domestic legal framework
C.
THE SITUATION OF CHILDREN
D.
CHILD LABOR, CHILD PROSTITUTION AND
RECRUITMENT
OF ADOLESCENTS
E. JUVENILE DELINQUENTS
F.
RIGHT TO LIFE
G.
RECOMMENDATIONS
CHAPTER IX.
PRISON CONDITIONS
A.
INTRODUCTION
B.
LEGAL FRAMEWORK
1. International legal framework
2.
Domestic legal framework
C.
PRISON SITUATION
D.
RECOMMENDATIONS
CHAPTER
X. THE
RIGHTS OF INDIGENOUS COMMUNITIES
A.
INTRODUCTION
B.
LEGAL FRAMEWORK
1. International legal framework
2.
Domestic legal framework
C.
LAND RIGHTS
D.
ETHNIC, SOCIAL, AND CULTURAL DISCRIMINATION
E.
POVERTY
F.
EDUCATION
G.
HEALTH
H.
RECOMMENDATIONS
FINAL
CONSIDERATIONS