CRIMES OF THE FUJIMORI REGIME
Summary of the Charges Presented by the Peruvian Association of Democratic Lawyers to the Inter-American Commission of Human Rights (ICHR)
1. List of Criminal Defendants
Alberto Kenyo Fujimori Fujimori, Nicolas Hermoza Rios, Vladimiro Montesinos, Oscar de La Puente Raygada, Carlos Boloña Behr, Victor Malca Villanueva, Fernando Vega Santa Gadea, Absalon Vasquez Villanueva, Jorge Camet Dickman, Daniel Hokama Tokashiki, August Antonioli Vasquez, Alfredo Ross Antezana, Jaime Sobero Taira, Alberto Varillas Montenegro, Manuel Vera Ochoa.
- a. Genocide: Genocide at Barrios Altos, Genocide at Cantogrande (Castro Castro prison),
- Attempted genocides occurred on: On October 12, 1992, October 16, 1992, September 30, 1992 and November 26, 1992.
- Torture of Minors at the Maranga Home Detention Center for Minors in Lima,
- Confinement of Minors in adult jails
- Disappearance of Dr. Wilfredo Terrones-Silva
- Death and disappearance of several Attorneys at Law
- Kidnapping, torture and murder of students and a professor at La University de La Cantuta a.k.a. "Enrique Guzman y Valle" National Teachers University, Lima: Those students were arrested on July 18, 1992, October 11, 1992 and on October 30, 1992.
- Arrest and Disappearance of residents of Villa el Salvador District of Lima.
- Kidnapping and murder in the city of Huancayo
- Kidnapping and murder of Labor Union Leaders.
- b. Crimes against: the right to life, physical integrity, right to freedom of opinion and speech (Art. IV of the American Declaration of the Rights and Duties of Man), right to health while in custody (Art. XI, ibid.), right to justice and legal defense (Art. XVIII and Art. 8 of the American Convention on Human Rights), free association, rights of children, right to nationality, rights to private property.
- c. National and International Laws violated by the Defendants: Violation of the Peruvian Constitution, the American Declaration of the Rights and Duties of Man Articles II, IV, XI, XVIII, XX, XXV, XXVI; in the American Convention of Human Rights subscribed in San Jose, Costa Rica, Art.1, Art. 4 (sections one and 4), Art. 5 (section 1 and 2), Art. 6, Art. 7 (sections three and 6), art. 8 (section 7 and 8), the International Pact on Economic, Social and Cultural Rights; the International Pact on Civil and Political Rights, the Facultative Protocols of the International Pact of Civil and Political Rights, the Universal Declaration of Human Rights.
- d. Articles 39, 40, and 41 of Law 23506, in force in Peru for Habeas Corpus, the Peruvian State recognizes the Inter-American Commission on Human Rights (ICHR), as having mandatory jurisdiction in cases of violations of human rights. Articles 10, 45, and 62 of the Peruvian Constitution states that the Peruvian State will abide by the decisions of the ICHR.
SOCIAL AND POLITICAL BACKGROUND
FIRST. On May 17, 1980, a revolutionary war started in Peru led by the Communist Party of Peru (PCP), under the leadership of Dr. Ruben Abimael Guzman Reynoso.
SECOND. On July 28, 1990, began the rule of the Peruvian State by Mr. Alberto Kenyo Fujimori Fujimori, the same dictator who on April 5, 1992, jointly with the other defendants listed herein, and with the backing of the Armed Forces, carried out a Coup d'etat, closing down the National Congress, the judiciary, as well as other institutions, de facto abolition of the Peruvian Constitution and the constitutional powers and functions of the judicial branch, and the legislative branch of government, promulgating draconian Decree Laws and imposing a dictatorship, massive jailing of citizens, and ruthlessly murdering and disappearing thousands of people, which is harsher in the countryside where humble peasants are being massively slaughtered; and deceiving the survivors as the dictatorship( through its armed forces) gives them food such as oats, powdered milk and other food stuff donated by the developed nations to alleviate hunger in Peru. However, this food supply is being used mostly for counterinsurgency purposes. Arbitrary searches by the police and armed forces are conducted continuously, all under the cover of fighting "terrorism." This repression is focused on the poor unarmed masses who are unable to defend themselves from such abuses.
THIRD. We also denounce the incursions of the armed forces and the police, along with their death squads in school campuses, against university students, teachers and professors, especially against those of the National University of San Marcos, of the "Enrique Guzman Valle" Teachers University (La Cantuta), National Engineering University, National Central University (Huancayo). All of these schools at the present time are under military occupation, and students are constantly harassed, kidnapped, raped and murdered.
FOURTH. As a result of the violent night raids by special commands of the armed forces, many people are being arbitrarily arrested and "disappeared." Among them are hundreds of children and women, often involving sexual violent assaults and rapes, of which the relatives and families of the victims do not complain for fear of being arrested themselves. If one gets out alive from these arrests or military raids, as mentioned before, food handouts are used to cover up such atrocities commited against the impoverished masses. In addition, each resident of poor neighborhoods and shantytowns is interrogated by the military about their political affiliation to this or that party. These atrocities are not seen in the wealthier residential neighborhoods.
FIFTH. We must also denounce that not only the Special Prisoners, Prisoners of War and Political Prisoners see the violation of their rights and their physical, psychic and moral integrity, but that is also inflicted upon their family and relatives. When someone is arrested, his or her parents, siblings and all those in that residence are also arrested or if not arrested right away, they are relentlessly persecuted until they are jailed. In that way, even mothers, grandmothers and children, are being taken to DINCOTE or other police or military establishments. Once detained, they are denied clothing, food and medicines given by their loved ones. They are denied medical attention as a result of the severe torture inflicted upon them, and they are given a meager meal to keep them alive (if they haven't been killed yet.)
SIXTH. The political prisoners, prisoners of war and special prisoners, are confined to cold unheated windowless cells, and are denied blankets. Most of them are still wearing the same clothes they wore when they were arrested. Many of them already have been affected by serious diseases such as TB, bronchial, dermatological, rheumatic and others. The prisoners are even denied medical supplies that are sent to them from outside prison. They are also denied medical attention. Medical doctors who have tried to take care of them, have been arrested and imprisoned.
SEVENTH. The thousands of political prisoners, prisoners of war and special prisoners are kept incommunicado, that is, completely cut off from the outside world. They are allowed only monthly visits for 30 minutes, and in some cases visits for up to one hour. Moreover, the inmates have been denied clothing and medicines. These inhuman conditions can be seen when they are transferred to attend a proceeding at Lima's Palace of Justice (nowadays under the control of the regime and the armed forces). Police also wrest away the clothing, food, and medicine given to the inmates by their relatives.
In this context of brutality, torture, genocide, death by the State, and other violations of Constitutional Rights, we present the following detailed description of the crimes:
A. THE GENOCIDE AT BARRIOS ALTOS.
On November 3, 1991, at 10:00 P.M., a so-called Anti-Terrorist Command consisting of nine criminals in military uniform, and armed with AKM assault guns of the type used by the armed forces of Peru, were inside of a sky-blue Cherokee truck license RQ-3815, with a license plate identifying the Ministry of the Presidency of Peru, parked at an alley in a very poor Lima neighborhood located at Jiron Huanta No. 840, Barrios Altos, Lima, Peru. At the time, a "chicken potluck" was celebrated (in Spanish pollada), that is a popular party in poor communities of Lima, where cards to buy broiled chicken, beer and soft drinks were being sold. These festivities have a social purpose. In this case, the neighbors had agreed to conduct a party to collect money to repair potable water pipes and sewage in the old rental apartment house, whose tenants are very humble people. Once at the place, the murderers ordered some witnesses to go away. Then at the scene of the crime, they gathered all of their intended victims together, and began to hit them with the back of their guns, punching and kicking them. They fired submachine gun bullets on the helpless human masses. They killed 16 people and left five seriously wounded.
"Nobody saw anything and nobody heard anything.
We must point out that just a few meters away from this alley is the Headquarters of the "Black Eagles," a special Commando unit of the National Police, an elite corp. yet nobody there heard anything nor saw anything. Barely one block away is the Headquarters of the Intelligence Service of the National Police: Noone heard anything there either. Across from the murder scene is a visible police presence since it is an important commercial center. A block away is the military vigilance at the Lima Maternity Center, where needless to say, nobody saw or heard anything. In general, this zone, precisely for having so many police stations in it, is an area closed to regular traffic, a permanent security zone, in which the only vehicles that can get in and out without being disturbed, are the armed forces and the police.
It has been said that the government will decide whether or not this crime merits an "investigation," and Ladies and Gentlemen, years have elapsed and nothing has been done regarding such an "investigation."A special prosecutor was appointed, after the Coup d'etat, but after this special prosecutor publicly announced his intention to honestly investigate this horrendous crime, he was expelled, discharged, and fired. No replacement has been appointed since that time. However, the subservient Congress announced that it has completed its investigation, which means that it has been safely covered up. Thus, the atrocity remains unpunished. This is happening despite the fact that the investigation would be very simple to conduct, since no one disputes that the car's license plate shows that these were official government vehicles from the "Ministerio de La Presidencia," which is directly controlled by Fujimori. The Peruvian magazine "Ayllu" of November 13, 1991 provided an accurate report on this crime.
B. THE GENOCIDE AT CANTOGRANDE (CASTRO CASTRO PRISON.)
On May 6, 7, 8, and 9, 1992, the genocide of political prisoners and prisoners of war occured in the men and women pavilions of the high security prison at Cantogrande. Pavilions 1A and 1B were bombed for several days with high caliber weapons, grenades and explosives launched from helicopters, until the pavilions were completely demolished with the prisoners inside, by the use of chemical weapons and weapons of great destructive power, causing 50 deaths. Later on, after the demolition work was completed, many political prisoners were murdered among them Dr. Tito Valle Travesaño, Dr. Elvia Zanabria Pacheco, and Dr. Yokanka Pardave Trujillo. These facts were witnessed by many members of ICHR. To justify their infamy, the victims of these atrocities have been criminally charged, as if they themselves were responsible for the genocide of which they were victims. This judicial vulgarity is shown in case No. 102-92-LSV of the Tenth Court of Instruction.
Having carried out the genocide in the Cantogrande prison, they proceeded to transfer the special prisoners, prisoners of war and political prisoners to various prisons of the type they call "high security," such as the prison in Puno, where generally the temperature is below 10 degrees Centigrade (less than 50 Fahrenheit). These prisoners are without appropriate clothing in cells designed for two people, where now four or five people are confined. They don't have enough room to sleep, and are totally isolated and forgotten by the jailers. Others were sent to the Cachiche prison, subject to similar treatment, and others remained in Cantogrande and Lurigancho jails. They lack adequate clothing, food, medicines, and medical treatment. Except for a few token visits accompanied by the jailers, generally, the International Red Cross has been barred from visiting these prisons. The heinous confinement conditions inflicted upon the prisoners of war and political prisoners in Peru, are not inflicted on any other kind of prisoners.
The inhuman prison conditions are due to special orders from the Dictator, violating Articles One (section 1), Article four (section 1), Article five (section 1) of the Pact of Costa Rica. We can say that these prisons slowly murder the prisoners and are the most atrocious prisons in the world, and the responsible individuals named as defendants in this ICHR case, are war criminals, who have created dungeons, similar to those concentration camps of Adolph Hitler.
C. ATTEMPTED GENOCIDE ON OCTOBER 12, 1992.
The armed forces and police entered the premises where the political prisoners and prisoners war were kept at the Cantogrande prison. After violently striking them with blows, they kidnapped three of the prisoners' delegates, whose fate is still unknown.
D. ATTEMPTED GENOCIDE ON OCTOBER 16, 1992.
At the prison Cachiche in the Department of Ica, the armed forces and police, brutally assaulted the prison, killing one delegate of the political prisoners and two common prisoners. Fourteen were wounded, and fifty others were kidnaped from prison and disappeared. As a result of the beatings and the chemical gases used by the military, some prisoners lost their vision and others damaged their eyesight.
E. ATTEMPTED GENOCIDE ON SEPTEMBER 30 AND NOVEMBER 26, 1992.
At Chorrillos, the armed forces and police entered the women's pavilion occupied by women political prisoners, prisoners of war and special prisoners. Their possessions were confiscated, they were beaten and raped. Many of the women prisoners suffered serious injuries resulting in blood vomiting.
F. TORTURE OF MINORS AT THE MARANGA DETENTION JAIL (HOME) FOR MINORS.
This prison for minors has been cruelly repressed on several occasions. Each time the military stages "escape operations" by the incarcerated children accused of being members and sympathizers of the Communist Party of Peru. Many of these minors are sons, daughters, relatives and friends of the political prisoners kept in other concentration camps for adults. Some children have been taken to the jails where their parents are being kept so that they can be tortured in their presence. The following minors are being kept in adult jails for common prisoners: Henry Villanueva Rosales (age 16), and Abraham Valderrama Zanabria (17).
G. THE DISAPPEARANCE OF DEFENSE ATTORNEYS
The case of Dr. Wilfredo Terrones Silva
On August 26, 1992, while he was going to the Cantogrande prison to fulfill his obligations as a defense attorney, he was kidnaped by members of SIN and SIE (one of its death squads). This denunciation was registered at the Lima Bar Association, in its Second General Ordinary Meeting of 1992.
H. DEATH AND DISAPPEARANCE OF OTHER ATTORNEYS AT LAW.
- Kidnaping, torture and murder of Dr. Cecilio Glandel Prudencio on July 19, 1985.
- Arrest, disappearance and later the murder of Dr. Efrain Yangali de los Rios in 1986.
- Arrest, torture and disappearance of Dr. Jose Vasquez Huayca on October 29, 1986.
- Mass arrest of more than 50 attorneys in September of 1987.
- Assassination of Dr. Manuel Febres Flores on July 18, 1988.
- Attempted kidnaping of Dr. Jorge Cartagena Vargas in June of 1988.
- Terrorist attempt with explosives by SIN against Dr. Jorge Cartagena Vargas in September of 1989.
- Mass arrest of the following attorneys on the same day of the Coup d'etat on April 5, 1992: Luis Salazar Castillo, Violeta Roque Yarango, Jorge Cartagena Vargas, Rodolfo Ascensios Martel, Maria Luz Villanueva Cerpa, Ricardo Astoquilla Medrano, and Dionicio Edgar Luque Freyre.
- Cold-blooded murder at the patio of the "rotunda" [a detention center] in the Castro Castro prison (Cantogrande) on May 8, 1992, of the following imprisoned lawyers: Dr. Tito Valle Travezaño, Dr. Yovanka Pardave Trujillo, Dr. Elvia Zanabria Pacheco.
- Another assassination attempt with automatic weapon shots to the head of Dr. Jorge Cartagena Vargas on July 20, 1992.
- Kidnaping, torture and imprisonment of Dr. Martha Huatay Ruiz on November 4, 1992. She was taken to the courts and filmed for the TV, dressed up in white stripes with her face completely deformed. With her hands tied, she was hanged from her feet while agents of the tyranny delivered blows to her face and head, and inserted a plunger in her vagina. She was tortured until she fainted. Attorney Martha Huatay is presently at the Yanamayo Prison in Puno.
- Arrest, torture and imprisonment of Dr. Alfredo Crespo, who was later sent to the concentration camp of Yanamayo in Puno.
I. KIDNAPING AND MURDER OF STUDENTS AT LA CANTUTA TEACHER'S UNIVERSITY
Initially, twelve students and one professor were kidnaped by the military from the campus dormitory. Two of the kidnaped students, Nelson Echegaray Galvez and another student who was arrested on October 30, 1992 returned alive [TNF: two years later General Robles stated that these two "students" were infiltrated as provocators by of the Army Intelligence Services SIE. Echegaray told the Expreso daily that "he was arrested by Air Force personnel, when he was trying to help a classmate who was forcibly struggling with a soldier. This soldier was also a SIE plant, since he disguised himself as the guard of the University. The victims of the genocide of La Cantuta, who were arrested on July 18, 1992, are the following: Dora Oyague Fierro, Bartilla Lozano Torres, Heraclides Pablo Meza, Armando Amaro Condor, Luis Enrique Ortiz Perea, Felipe Flores Chipana, Juan Gabriel Mariños Cárdenas, Roberto Edgar Teodoro Espinoza, and Doctor Hugo Muñoz Sanchez (Faculty).
J. ARREST AND DISAPPEARANCE OF RESIDENTS IN VILLA EL SALVADOR DISTRICT, LIMA.
On October 15, 1992, Miss. Edith Galvan, the young sister of two political prisoners, as well as other two residents at the Pachacamac sector of Villa El Salvador, were kidnaped from their homes by members of the armed forces. Their whereabouts are unknown.
K. KIDNAPING AND MURDER IN THE CITY OF HUANCAYO.
The armed forces conducted search and seize operations in hundreds of private residences. The military actions were especially harsh and bloody in the poor areas surrounding the city of Huancayo in Central Peru. The victims were kidnaped at gun point from their homes, taken to military installations, tortured, and their bodies were riddled with bullets, usually to the head. The list of the victims are as follows: Fernando Saenz Munarris, Fernando Cahualla Choque, Flor Salvatierra Soto, Edwin Ramos Calderon, Hugo Ponce Vega, Iris Camposano Medina, Luis Anibal Naupari Torralba, Juan Ñahui Vilcas, Peter Cosme Ureta, Augusto Galindo Peña, Rolando Ricse Colinio, Justiano Vicente Rivera, Favio Tunque Lizana, Zósimo Cuaresma Succlla, Inés Navarro Conde, Edgard Granados Gomez, Marcelino Choque Hincho, Luis Tocas Villanueva, Marilu Vichez Gutarra, and Gladys Rosario Espinoza Leon.
Their bodies were found by their families dumped far away from the city of Huancayo, and they showed evidence of torture and gunfire.
L. KIDNAPING AND MURDER OF LABOR UNION LEADER.
On July 8, 1992, Adrian Medina Puma, 36 years old, leader of the Worker's Union at the Enterprise of Military Transportation (ETRANSA), and his three-year-old child were kidnaped on the street. He was walking with his friend and co-worker Eudes Navarro, who tried to pull up an iron bar from a window to fight the Fujimori's dead squad. This crime occurred at the intersection of Avenida Arenales and East Javier Prado in Lima. Later on the day, the child was left a block away from his home. The body of the trade unionist was found with clear evidence of torture, and with multiple bullet wounds. A photograph of the victim's body and a copy of the Coroner's Certificate was submitted to the Inter-American Commission of Human Rights (ICHR).
EIGHT. We must indicate that defendant Alberto Kenyo Fujimori appeared very proud of his crimes before the national and international press declaring that the prisoners are only allowed 30 minutes to go outside to the patio. The rest of the day (23 hours and 30 minutes), these human beings are confined in cells of 3m X 2m (10 feet x 7 feet), shared by three or four other prisoners, and sometimes even by five prisoners. These cells were designed only for two prisoners, since each has only two beds. No information or news is allowed, neither radio, TV or newspapers, and much less books. The prisoners' mental and physical conditions are deliberately being destroyed, and the tyrant boasts to having sentenced thousands of them to life imprisonment, but in reality, they are only political opponents of the regime.
The prisoners received a meager meal once a day, often mixed with kerosene and crushed glass. Their relatives and friends have been prevented from helping them with foodstuff or any other assistance. We invoke that the ICHR recognizes the rights of the families and relatives of the prisoners to provide their loved ones with food, medicines and other basic needs, since the State does not provide any of these. Many of the prisoners are extremely sick, without medical treatment of any kind, and many peasant political prisoners, who don't even speak Spanish, are in complete abandonment.
The prisoners are denied visitation by relatives and friends for the sole purpose of subjecting them to cruel isolation and preventing the world from knowing the cruel genocidal conditions to which they are confined. They also prevent their relatives and friends from providing relief from these inhuman confinement conditions.
This policy of cell isolation and slow death is only inflicted upon prisoners of war, political prisoners, and special prisoners, not to prisoners convicted of any other type of offenses, not even to the narcotraffickers that they so loudly claim to fight against. In fact, the few drug traffickers who are imprisoned, receive preferential or royal treatment. The defense lawyers of the POWs are not allowed any kind of intervention in their defense, not even in favor of the most basic human rights of their clients, and their presence in the entire process, is merely a formal presence. Cell isolation of those political prisoners accused of "terrorism" is crueler than Hitler's concentration camps, since usually in the films of those camps, one can see the prisoners gathering together, with the hope of mutually helping each other. This cruel dictator cynically declares to the press that the prisoners are allowed only 30 minutes each day outside their cells. The tyrant even says that those relatives willing to visit their loved ones must be subjected to a police profile of their own, thus they can also be subjected to persecution, kidnaping, jailing and murder, just like they did in the genocide of El Fronton in 1986.
The political prisoners are not allowed to receive audiovisual information. They are prohibited from having writing paper, pen or pencil to communicate with their families, or receive any correspondence.
Article IV of the American Declaration of the Rights and Duties of Man sates: "Every person has the right of freedom to investigate, to have an opinion and to express it, including the diffusion of his or her ideas by any means of communication."
FIRST. By means of its Stone Age laws, the dictatorship has ended any and all freedom to express any thoughts which may be different from its own, and for this specific purpose has created the offense of "Apology of Terrorism," contained n Article & of Decree 25475, which established that any violation of this law will be punished to not less than 12 years in jail. If the so-called apology of terrorism is committed outside the country, the offender will be deprived of his or her Peruvian citizenship, without prejudice, to judge him or her later in absentia, according to D.L. 25728, with a penalty of up to life imprisonment according to D.L. 25475 and 25675. As a result, no person natural or juridical in our country, can raise his voice to protest against the violations of human rights by the tyranny, under risk of being accused of the offense of "terrorism," now also called "treason to the motherland," and being exposed to a secret proceeding, by a tribunal that consists of hooded anonymous judges, in which the sentence can be life imprisonment.
SECOND. We denounce the issuance of Law Decree No. 25880, which sentences to life imprisonment teachers and professors, who according to the dictatorship has committed "apology of terrorism," that is, they cannot give, even in the classroom any opinion other than those opinions deemed correct by the dictatorship, and charged with this offense and thereupon persecuted, jailed, tortured, murdered or disappeared. This happens to any and all teachers and professors whom the Dictator deems "apologists of terrorism," which means anyone who has an opinion different from the regime. Under this policy, we denounce the jailing of the following professors and teachers: Milton Espejo Yurivilca, Javier Tasayco Casas, Miguel Angel Fernandez, Beatriz Sarmiento, Salvador Rueda Horna, Rosa Salazar, Carlos Torres Mendoza, Cesar Paredes Castro.
For them the dictatorship is asking life imprisonment, although the law was issued after their arrest, that is, ex post facto.
THIRD. The lack of an Impartial Tribunal, as the Tribunal of the tyranny are made up of hooded members of the military, who are militarily being challenged by the insurgents in the ongoing civil war led by the Communist Party of Peru, in which war casualties in both sides occur every day. Consequently, these judges in reality are judging their own enemies, whom they meet daily in the battlefield, and this fact is recognized by the dictatorship itself, who in the Decree Law 25708 speak of "Council of Military Justice," for the trials within the Theater of Operations of the war, and also in Decree Law 752, and other laws promulgated by the same dictatorship, which show clearly that the armed forces is confronting militarily this Subversive War. In summary, with the establishment of the Anonymous Tribunals, whether made up of Civilians or Military, in no way conform to existing Judicial Guarantees.
FOURTH. We must also add that among the many monstrosities emanated from the dictatorship, one finds Decree Law 25659, which in its Art. 6, absolutely prohibits the interposition of Actions of Guarantee (Habeas Corpus) and of protection, in favor of those accused or processed for the offenses of "Terrorism" or "treason to the Fatherland," Decree Laws 25475 and 25659, under which neither the Constitutional Guarantees of our current Civil Constitution, nor human rights and individual guarantees under international agreements signed by the Republic of Peru, and legally in force in Peru, but in practice are not recognized in any way.
FIFTH: VIOLATION OF THE FREEDOM OF ASSOCIATION. Section 1, Article 16, of the American Convention on Human Rights, states that "all persons have the right have the right to freely associate for ideological, religious, political, economic, labor, social, cultural, sports, purposes or any other purposes."
- The mere fact of belonging to an association or organization, which the Government has labeled "terrorist," regardless of whether or not the citizen member has conducted any acts described as "terrorist," put him or her in danger of prosecution, and penalties of not less than 20 years in prison, disenfranchisement, loss of any patrimonies, and so on.
- In addition of having to suffer these human rights violations, any Peruvian citizen who dares to protest these abuses outside the territory of the Republic of Peru, will be tried in absentia, and can be sentenced to no less than 20 years imprisonment, loss of patrimony, disenfranchisement and loss of Peruvian citizenship, as if the dictatorship and the tyrant who leads it are the proprietors of the Peruvian nationality (this in despite that the nationality of the tyrant himself has been found questionable.)
ARREST AND LIFE IMPRISONMENT OF MINORS.
Article 19, of the American Convention of Human Rights establishes: "Every child has the right to the measures of protection that his or her condition as a minor requires from the family, society and the State."
A large number of children are being murdered and jailed by the armed forces, some children are arrested for reading a red flyer, or for expressing verbally or in writing some idea, which the dictatorship deems "subversive," and many cases these children are imprisoned together with adults, even for life, even in absentia, and these children are denied all the rights and protection offered to other children. The arrested children are denied the Right to Defense, that was stipulated by Decree Law 25564. They are being tried by Anonymous and Hooded Judges, and are accused of "Treason to the Fatherland" under D.L. 25659, since D.L. declares anyone over the age of 15, to be punishable agents to be tried in military tribunals, and they lack any and all rights to legal defense.
We are presenting to the ICHR evidence of the arrests of four children, three boys and one girl, as suspects in a military action conducted on November 9, 1992 by the insurgents. They were arrested in their school. We fear the cruelty of the tortures and draconian sentence that will be inflicted on these children. Within the same framework of violence, we denounce the jailing of minors Villanueva Rosales on November 9, 1992 and Human Morales arrested on October 13, 1992. Both were confined in the Lurigancho prison for adults.
In the city of Trujillo, six minors remain incarcerated in "El Milagro" jail for the alleged charge of "terrorism, " this was reported even by the official Peruvian press (enclosed a copy of the daily El Comercio of November 17, 1992).
We demand that several of minors secluded in the prisons of Peru, be freed at once, since no law anywhere in the world, except Peru, allows for minors to be tried for political reasons by hooded judges in military tribunals, and jailed together with adults.
LEGAL DEFENSE DENIED.
The defense lawyers who dare to investigate or demand due process in any way or shape or provide their clients with their Constitutional right to defense, are themselves subject to persecution, arrest, torture, murder or "disappearance," this happens also with other professionals, such as medical doctors (many of them are currently in prison), who in any way or form, attempt to render their professional services for the benefit of the special prisoners, prisoners of war, and political prisoners, are subjected to persecution and arrest by the dictatorship.
The Constitutional Right to Defense is further restricted by the issuance of laws such as Decree Law 25475, Art. 18, which prohibits defense attorneys from representing more than one client in the entire nation, to anyone who is being processed for "terrorism," or related offenses, except the public defenders paid by the State and regime. Moreover, defense attorneys can only intervene on behalf of the accused, at the time the accused is deposing to the police (it means after the suspect has been tortured), which makes the defense attorney into a spectator. The defense attorney is not allowed to consult with his or her client at all, and much less in private, as stipulated by Art. 8, Sec. 2, part (d) of the American Convention of Human Rights. Decree Law 25475, denies the right to cross-examine police and other State witnesses who took part in the arrest, investigation, deposition, or confession by the accused, whose prohibition also violates Art. 8, Sec. 2, Part (f) of the American Convention of Human Rights.
We declare, hereby, that not even the draconian Faceless Tribunals by anonymous hooded judges work, and so we find so many prisoners of war, political prisoners and special prisoners are not being tried at all, and must remain in prison, isolated and condemned to slow death. Furthermore, despite the stipulation in D.L. 25475, the Superior Courts charged with trying the accused, do not pronounce themselves, because they are awaiting instructions from above, on what to do. We hereby attach a copy of case 492-90 in which the Superior Court of Callao, testified on the abuses endured by the victims of the Peruvian State, and its current Dictatorship.
VIOLATION OF THE RIGHT TO PRIVATE PROPERTY.
Article 21 of the American Convention of Human Rights stipulates: "No person may be deprived of his or her possessions, except through the payment of just indemnity, for reasons of public good, or of social interest according to the forms established by Law."
Every accused of subversion is the victim, together with his family, of legalized pillage, stipulated by Decree Law 25475 of the tyranny. All the family's goods, personal property are stolen by the political police called DINCOTE. The accused are simply robbed, and his or her ransacked, just for being "under investigation." Not compensation at all is given if they are released for being falsely accused.
Wherefore, we respectfully request from the Inter-American Commission of Human Rights a resolution on the violations described above. We request an action of guarantee interposed on behalf of the special prisoners, prisoners of war and political prisoners of Peru, as well as under age minors now imprisoned, and all those who have suffered. Or are still suffering imprisonment, and blatant violations of their rights at the hands of the Dictatorship headed by Fujimori; and consequently that it be declared:
1. That, Decree Laws No. 25659, 25728, 25564 and 25880, whose texts are attached herein, be declared null and void, and inapplicable, because they are illegal instruments of represion in violation of Human Rights.
2. That, it be declared that the Peruvian State is under the obligation, without restrictions, of meeting its Human Rights obligations as it signed them in the American Convention on Human Rights.
3. That, the denounced listed above as criminal defendants, be declared Violators of the Human Rights of the aggrieved herein.
4. That, in accordance with Art. 55 of the Rules of the ICHR, a forthwith investigation be conducted and a resolution be issued so as to declare the criminal defendants headed by Alberto Kenyo Fujimori, as Violators of Human Rights.
5. That, a report be emitted on the condition of Human Rights in Peru, and that it be published for worldwide distribution and denunciation.
6. That, in accordance with Art. 76 of the Rules of ICHR, the Government of Peru is required to cease and desist the series of genocide it has, and continues to perpetrate, against the prisoners of war, political prisoners, and special prisoners. We enclose enough and sufficient evidence to substantiate beyond a reasonable doubt, such irreparable damages and deaths to these prisoners, and others victimized, by the Dictatorship of the denounced herein.
[Signatures and seal]
Peruvian Association of Democratic Lawyers
Translated and Reproduced by Peru People's Movement (MPP) and The New Flag
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