Peru

CEJIL welcomes the creation of a UN Special Rapporteurship on Truth, Justice, and Reparation

This new body will coordinate actions with the Inter-American System of Human Rights

Washington, DC, September 29, 2011. - The Center for Justice and International Law (CEJIL) welcomes today’s decision made by the United Nations’ Human Rights Council to adopt a resolution that appoints a special rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence. The resolution was adopted by consensus and received wide support, as it was co-sponsored by more than 75 countries.

Thu, 09/29/2011

CEJIL specifically applauds the stated purpose of coordinated action between the rapporteurship and the organs of the Inter-American System for Human Rights, which could translate into a better compliance of international obligations pertaining to human rights.

The rapporteur has the challenge of ensuring that States make progress in revoking laws that guarantee impunity, as well as proposing public policies and laws that guarantee the right to reparation.

CEJIL believes that the new mechanism should resume studies conducted by the United Nations regarding amnesties and impunity. Equally important would be to defend the right to file an appeal and obtain reparations for victims of violations of the international human rights law and gross violations of international humanitarian law.

The person in charge of the rapporteurship will have a three-year mandate and will report annually to the Human Rights Council and the United Nations General Assembly.

The rapporteur’s duties will include: a) to contribute, upon request, to the provision of technical assistance; b) to gather relevant information on national situations, including on the normative framework, on national practices and experiences, such as truth and reconciliation commissions and other mechanisms, relating to the promotion of truth, justice, reparation and guarantees of non-recurrence in addressing gross violations of human rights and serious violations of international humanitarian law, and to study trends, developments and challenges and to make recommendations thereon; c) to identify, exchange and promote good practices and lessons learned, as well as to identify potential additional elements with a view to recommend ways and means to improve and strengthen the promotion of truth, justice, reparation and guarantees of non-recurrence; and, d) to make recommendations concerning, inter alia, judicial and non-judicial measures when designing and implementing strategies, policies and measures for addressing gross violations of human rights and serious violations of international humanitarian law.

During the rapporteur’s mandate a study will be undertaken to promote “a systematic and coherent approach on issues pertaining to the mandate,” which will compile information from different sources. The rapporteurship will have to “work in close coordination, while avoiding unnecessary duplication, with the Office of the United Nations High Commissioner for Human Rights, intergovernmental and non-governmental organizations, other special procedures of the Human Rights Council, and with other relevant actors.”

“Without any doubt, this decision contributes to making a reality of the rights to truth, justice, and the reparation for millions of victims of gross human rights violations and survivors worldwide,” stated CEJIL’s Executive Director, Viviana Krsticevic.

Krsticevic added that the wide support the resolution has received is vital for ensuring this mechanism’s legitimacy and efficacy.

“We hope that the work of the new rapporteurship will allow for a qualitative leap when addressing the thematic in various countries across Latin America – such as Brazil, Uruguay, Guatemala, El Salvador, Panama, Colombia, and Mexico, amongst other nations – that still require significant progress in guaranteeing these fundamental rights and the fight against impunity,” she concluded.

CEJIL Welcomes Conviction of Montesinos and Members of the Colina Group in Peru

Inter-American Court case of Barrios Altos

On October 1, 2010, the Special Criminal Chamber of the Peruvian Supreme Court convicted Vladimiro Montesinos, adviser to former President Alberto Fujimori, as well as members of the military death squad known as the Colina group. The Chamber found them responsible for the extrajudicial killing of 15 people, including a nine year old child, and for seriously injuring four others during an attack at a community gathering in Lima on November 3, 1991, facts litigated in the Inter-American Court case of Barrios Altos. The Chamber also found them responsible for the forced disappearance of nine villagers from the Ancash region in 1992 and the forced disappearance of journalist Pedro Yauri, also in 1992.

Thu, 10/07/2010

The Special Criminal Chamber ruled, as it had against former President Fujimori, that the crimes committed by the accused constitute crimes against humanity. It also held that they had abused their power by leading and participating in the Colina group, a death squad whose purpose was to eliminate the leaders of the Shining Path guerrilla group, as well as all those suspected of being members. The Chamber found a direct relation between the death squad and the National Intelligence Service, which was under the direct orders of Vladimiro Montesinos and Julio Salazar Monroe, its nominal leader.

The judgment, which incorporates relevant jurisprudence from the Inter-American Court of Human Rights and the international criminal courts, confirms that the victims were not associated with the Shining Path or with any other subversive group. It further emphasizes the State’s obligation to continue investigating the Santa and Pedro Yauri disappearances, until those disappeared have been found and if applicable, their remains returned to their families.

In addition, for the first time in the history of the Peruvian judicial system, the Criminal Chamber ordered a series of reparations in the Santa and Yauri cases based on the 2001 ruling by the Inter-American Court in the Barrios Altos case. The reparations ordered include financial compensation for the family of the victims, similar to that ordered by the Inter-American Court for the victims of the Barrios Altos massacre, and free education and health benefits.

CEJIL represented the families of the victims in the Barrios Altos case, alongside APRODEH and other Peruvian organizations. The judgment issued by the Inter-American Court represented a turning point in efforts to reverse amnesty laws, not only in Peru but across the region. The Inter-American Court ruled that “all amnesty provisions, provisions on prescription and the establishment of measures designed to eliminate responsibility are inadmissible, because they are intended to prevent the investigation and punishment of those responsible for serious human rights violations.”

According to Viviana Krsticevic, Executive Director of CEJIL: “The judgment issued by the Criminal Chamber of the Supreme Court is a great achievement for the victims, civil society and the Peruvian judicial system in the struggle against impunity for severe violations of human rights, particularly as the Peruvian Government is still issuing norms that seek to perpetuate impunity. This step reaffirms Peru’s leadership in investigating and punishing those linked to severe violations of human dignity.”

Vladimiro Montesinos and the members of the Colina group sentenced by the Special Criminal Chamber have appealed their conviction. Krsticevic highlights the importance that the Appeals Court confirm the Chamber’s judgment and that it be used as an example for other courts ordering reparations for victims of grave human rights violations, both in Peru and internationally.

CEJIL imparts training workshop in Huánuco, Perú

Human Rights Defenders

CEJIL Participated in Eight Issues Deliberated by the Inter-American Court of Human Rights

LXXXIV Period of Ordinary Sessions

In the most recent period of ordinary sessions of the Inter-American Court of Human Rights, which was extended until October 3rd, CEJIL took part in eight of the thirteen issues deliberated by the judges.

Fri, 09/25/2009

Corte Interamericana de Derechos Humanos

In the last period of ordinary sessions of the Inter-American Court of Human Rights, which was extended until October 3rd, 2009, CEJIL took part in eight of the thirteen issues deliberated by the judges.

Themes and cases addressed by CEJIL were present in four monitoring compliance with judgment, in a follow-up on Venezuela provisional measures, in a study of a case merits, in the analysis of reforms to the Rules of the Court and in a consideration of an advisory opinion.

The sessions on the monitoring compliance with judgment referred to the cases of the Juvenile Reeducation Institute (Panchito López) vs Paraguay, Montero Aranguren and others (Reten de Catia) vs Venezuela, Molina Theissen vs Guatemala and Trujillo Oroza vs Bolivia. CEJIL has represented or co-represented the victims in all of these cases.

In these cases, the Court heard in a private hearing the arguments from the State, the Inter-American Human Rights Commission and the representatives of the victims.

Also in a closed session, the Court deliberated the preliminary objection, merits, reparations and costs in the case of Kenneth Ney Anzualdo Castro vs Peru.

The Court had a public hearing to receive information and observations from the parties on the compliance of the provisional measures ordered to Venezuela's government in the case of the prisons of La Pica, Uribana and Yare I and II.

In the second stage of the reflection process on the reforms to the rules of the Inter-American Court, the Court began its consideration of the comments sent by CEJIL and other actors of the inter-American system.

Finally, the judges also analyzed the observations and amicus curiae sent by several actors of the inter-American system, among them CEJIL,on an advisory opinion submitted by the State of Argentina in connection with the role of the ad hoc judge and the equality of parts in the proceedings before the Court, as well as in regards to the nationality of the judges of the Court and the right to an independent and impartial judge.

Fujimori's trial: A process that has been exemplary

Peruvian justice makes history

Juicio a Fujimori. Fotografía del Poder Judicial del Perú

“Strong political pressures exist to overturn the sentence or to substantially reduce Mr. Fujimori’s sentence,” said Viviana Krsticevic, Executive Director of CEJIL. “As the final decision on the Fujimori trial nears, WOLA and CEJIL call upon the Primera Sala Penal Transitoria, which is charged with the important task of reviewing the appeal of the Fujimori sentence, to guarantee the procedural fairness of the process: it must guarantee the utmost respect for the due process rights of Fujimori, as well as ensure the impartiality and independence of the tribunal itself.”

Mon, 11/23/2009

Juicio a Fujimori. Fotografía del Poder Judicial del Perú LIMA, PERU (21 November 2009)—On April 7, 2009, after 16 months of judicial proceedings, the Special Criminal Court of Peru’s Supreme Court found former Peruvian president Alberto Fujimori (1990-2000) guilty in all four cases of human rights violations of which he stood accused. In its unanimous decision, the Court argued that the gravity and extent of the crimes – and the status of the accused as head of state when the crimes were committed – warranted the imposition of the maximum penalty allowable by Peruvian law, a 25-year prison sentence. Fujimori’s defense lawyer has appealed the decision, and a second tribunal of Supreme Court justices is reviewing the appeal. On November 23, 24 and 25, public hearings in that appeal process will take place. The judges have 15 to 30 working days to make their final decision.

The trial of Fujimori marks a milestone in the struggle against impunity in Peru and across the world. It is first time a democratically elected head of state in Latin America has been found guilty of committing crimes against humanity. It is also the first time that a former president has been extradited to his home country to face charges for such crimes. In other such cases – such as Charles Taylor or Slobodon Milosevic – trials were carried out in internationally constituted courts. Peru, in contrast, has shown that national governments can hold their former leaders accountable; not even a former head of state is above the law.

The trial of Alberto Fujimori was an exemplary process, setting a new standard for Peruvian courts. It clearly met the international standards for a fair, independent and impartial trial. The trial was conducted in a transparent manner. Fujimori’s due process rights were guaranteed and he was given ample opportunity to defend himself in a court of law. This historic process, by affirming the fundamental democratic principle of equality before the law regardless of one’s power or status, thus contributes to the strengthening of the rule of law and democracy in Peru.

National and international human rights groups enthusiastically commended the Peruvian Supreme Court for the integrity of the process throughout the trial and for ensuring justice. The U.S. government’s prepared statement noted that: “This verdict is a powerful statement against impunity, and underscores the importance of the rule of law as a foundation of democratic government.”

The verdict itself is, in the estimation of WOLA and CEJIL, solid and well-argued. The judges were careful to elaborate in painstaking detail their arguments, documenting their reasoning with national and international jurisprudence, and using internationally accepted standards of circumstantial evidence as well as internationally accepted theories of criminal responsibility such as autoría mediata. “It is our firm conviction that the crimes of which Fujimori was convicted —aggravated homicide and assault in the cases of Barrios Altos and La Cantuta, and aggravated kidnapping in the cases of Gustavo Gorriti and Samuel Dyer— rise to the level of crimes against humanity, as the judges affirmed in their verdict,” said WOLA researcher Jo-Marie Burt.

FOR FURTHER INFORMATION PLEASE CONTACT:

In Lima

Jo-Marie Burt (WOLA): +511 99495 0426

Viviana K (CEJIL): (202) 651-07-06

In Washington, DC:

John Walsh (WOLA): (202) 797-2171

Mauricio Herrera (CEJIL): (202) 319-3000, (202) 445-46-76

WOLA and CEJIL Condemn Threats against Dr. Salomon Lerner

Former President of the Truth and Reconciliation Commission of Peru

The Washington Office on Latin America (WOLA) and the Center for Justice and International Law (CEJIL) express our deep concern over this new wave of threats against Dr. Salomon Lerner, Former President of the Truth and Reconciliation Commission of Peru. We urge the government of Peru to take immediate steps to ensure the personal safety of Dr. Lerner and his family and to begin a thorough investigation to determine who is responsible for these threats (Available in English).

Tue, 09/29/2009

September 29, 2009. Washington, DC.

Last week, the public learned of a series of threats against the life of Dr. Salomon Lerner the former president of the Truth and Reconciliation Commission of Peru (TRC).

The Washington Office on Latin America (WOLA) and the Center for Justice and International Law (CEJIL) express our deep concern over this new wave of threats against Dr. Lerner, who is currently the president of the Institute of Democracy and Human Rights at the Pontifical Catholic University of Peru. We urge the government of Peru to take immediate steps to ensure the personal safety of Dr. Lerner and his family and to begin a thorough investigation to determine who is responsible for these threats.

This new intimidation campaign against Dr. Lerner seems to be directly related to his status as the former president of the TRC and to his tireless work on behalf of human rights in Peru. Dr. Lerner's commitment to the promotion of human rights has led him to consistently pressure the Peruvian government to comply with the most important recommendations of the TRC, which were published in 2003. Indeed, Dr. Lerner's dedication to human rights led to his designation by Peru's current government to the commission responsible for elaborating a proposal to create a Museum of Memory.

WOLA and CEJIL reiterate our concerns regarding the threats against Dr. Lerner and urge the Peruvian authorities to investigate this case and guarantee the safety of Dr. Lerner.

For more information, contact:

John Walsh, Senior Associate for the Andes and Drug Policy, WOLA
jwalsh@wola.org, (202) 797-2171

Jo-Marie Burt, Ph.D, WOLA
jmburt@gmu.edu, +(511) 247-3934

Viviana Krsticevic, Director, CEJIL
vkrsticevic@cejil.org, (202) 319-3000

Washington, D.C., 29 de septiembre de 2009

La semana pasada se hizo de conocimiento público una serie de graves
amenazas en contra de la vida del Dr. Salomón Lerner, ex presidente de la
Comisión de la Verdad y Reconciliación (CVR) del Perú.

La Oficina en Washington para Asuntos Latinoamericanos (WOLA) y el Centro
para la Justicia y el Derecho Internacional (CEJIL) expresamos nuestra
preocupación frente a esta nueva ola de amenazas en contra del Dr. Lerner,
actual presidente del Instituto de Democracia y Derechos Humanos de la
Pontificia Universidad Católica del Perú (IDEHPUCP). Exigimos al gobierno
del Perú tomar medidas para asegurar la integridad física del Dr. Lerner y
su familia y realizar una rápida y exhaustiva investigación para dar con los
responsables.

La nueva campaña de amedrentamiento en contra del Dr. Lerner parece estar
directamente vinculado con su condición de ex presidente de la CVR y su
labor incansable a favor de los derechos humanos. El compromiso del Dr.
Lerner con la vigencia de los derechos humanos ha hecho que de manera
constante exija al gobierno el cumplimiento de las más importantes
recomendaciones de la CVR, publicadas en su Informe Final en agosto de 2003.
A su vez, el compromiso del Dr. Lerner con los derechos humanos llevó al
gobierno actual a designarlo como miembro de la comisión encargada de
presentar una propuesta para la creación del Museo de la Memoria.

WOLA y CEJIL reiteramos nuestra preocupación frente a las amenazas al Dr.
Lerner y exhortamos a las autoridades a investigar el caso y garantizar la
integridad física del Dr. Lerner.

Para mayor información, contactar:

John Walsh, Coordinador Principal para los Andes y Política de Drogas, WOLA
jwalsh@wola.org, (202) 797-2171

Jo-Marie Burt, Ph.D, WOLA
jmburt@gmu.edu, +(511) 247-3934

Viviana Krsticevic, Directora, CEJIL
vkrsticevic@cejil.org, (202) 319-3000

The La Cantuta Massacre / Peru

Acto en memoria de las víctimas de La Cantuta. (Foto de Aprodeh) Peruvian military members, masked and armed, broke through the dawn on July 18, 1992, and entered the rooms of students and professors at the National University “Enrique Guzmán y Valle” (La Cantuta). There, they kidnapped nine students and a professor, and carried them to an isolated camp outside the city where they were tortured, assassinated and buried in unmarked graves.

The bodies were found in 1993, after a magazine published where they had been buried.

The judicial system started an investigation that was later transferred to the military’s jurisdiction. In 1994, the military court sentenced 10 members of the military who participated in the massacre to between one and 20 years in prison. After this sentence, a general claimed that the crime’s masterminds hadn’t been brought to justice, and he indicated that Vladimir Montesinos and various military generals were the primary parties responsible.

After this sentence, on June 14, 1995, Congress approved a law that granted amnesty to military, police and civil officials involved in human rights violations committed from 1980 through that date. Those sentenced for the Cantuta massacre were freed.

The families of three of the victims presented a complaint before the Inter-American Commission of Human Rights, which was later brought before representatives of the CEJIL, the Association for Human Rights, and the Center for Studies and Action for Peace (CEAPAZ).

In 2006, the International Human Rights Court condemned Peru for the systematic practice of arbitrary executions in the framework of the counter-insurgency strategy of government officials, especially in the most intense moments of the conflict. The Court also reaffirmed that the military was not the proper institution to investigate and to sanction those responsible for the crimes. It also said the amnesty given by the law was invalid.

The Court held that the crime was committed by the Colina Group, a body appointed to the National Intelligence Service (SIN), which executed the massacre with the knowledge of the then-president of the republic and which was responsible to military commanders.

The investigation initiated after the court’s decision resulted in the attribution of the crimes to ex-President Alberto Fujimori, who fled the country in 2002. CEJIL, along with many human rights organizations, firmly supported the extradition. In September 2007, the Supreme Court of Chile authorized the extradition of Fujimori.

In 2009, after a year and half of court hearings, the Peruvian Court sentenced Fujimori to 25 years of prison to affirm his responsibility for the disappearance and death of 27 people at the massacres of La Cantuta, Barrios Altos and the Underground Military Intelligence Services.