Amnesty International Report 2006 - Peru

Some of the Truth and Reconciliation Commission's recommendations were implemented, but progress on bringing perpetrators to justice remained slow. Human rights defenders, prosecutors and witnesses were subjected to threats and attacks. Military and police officers accused of torture and ill-treatment continued to be charged with lesser offences. There were concerns about access to health care, especially for low-income families.

Background

2005 saw social unrest and increasing demands for better living and working conditions. A 30-day state of emergency was declared in Apurímac department after a group of former army reservists calling for the resignation of President Toledo seized a police station in Andahuaylas. Four police officers held as hostages and one reservist were reportedly killed. There were reports of violent clashes with security forces and the possible use of excessive force by police and military during protests against mining projects in Piura and Huaraz departments.

Small cells of the armed opposition group Shining Path (Sendero Luminoso) reportedly continued to operate in some areas in Huallaga, Huánuco department, Ayacucho department, and Satipo, Junín department. Shining Path's leaders, who had been tried in military courts in the 1990s, were put on trial again, this time in civil courts.

In November, former President Alberto Fujimori, who was accused of human rights violations, was detained while in Chile pending an extradition request from the Peruvian authorities.

Draft legislation to reform the military and police justice systems failed to comply with a 2004 ruling by the Constitutional Court. The draft law did not define the term offences "committed in the line of duty" or integrate military and police courts into the civilian judicial system.

A permanent Human Rights Ombudsman was appointed by Congress, four years after the last permanent post-holder left office.

In December, the first ever National Human Rights Plan was agreed. However, there were concerns that the plan, which covers the period 2006 to 2010, does not address discrimination on the basis of sexual identity or orientation.

Past human rights violations

The government failed to fulfil the commitment made in 2001 to comply with recommendations of the Inter-American Commission on Human Rights regarding 165 cases of human rights violations. The recommendations included establishing the truth, bringing those responsible to justice and compensating victims and their relatives.

Congress passed legislation establishing a Comprehensive Reparations Plan and a single register of people whose human rights had been violated during the internal armed conflict. President Alejandro Toledo made a commitment to fund collective reparations and to consider individual reparations. Remembrance events and memorials were organized to mark the second anniversary of the publication of the Final Report of the Truth and Reconciliation Commission (TRC). Investigations were opened into 26 of the 59 cases of human rights violations documented by the TRC and the Ombudsman's Office. Some trials began during 2005, but no cases had been resolved by the end of the year. There were concerns that detention orders against military and police officers accused of past human rights violations were not being enforced. Some of these cases continued to be tried in military courts. In some cases, the Ministry of Defence had reportedly not co-operated with civilian courts investigating military officers accused of past violations.

Threats and intimidation

Local human rights organizations registered 46 cases of threats and intimidation of human rights defenders, witnesses, victims and their relatives, judges, prosecutors and forensic experts involved in the investigation and trial of past human rights violations documented by the TRC. According to an Ombudsman's report, those who were threatened and intimidated had been provided with inadequate or no protection at all.

The legacy of the counter-insurgency

Three prisoners of conscience were released, but there were concerns that dozens of prisoners of conscience and possible prisoners of conscience unfairly charged with terrorism-related offences remained in jail.

Torture and ill-treatment

There were reports of torture and ill-treatment of detainees by members of the police and of military officers and conscripts by higher-ranking officers. Legislation introduced in 1998 to criminalize torture remained largely ineffective and suspected perpetrators continued to be charged with lesser offences.

Prison conditions

In February, the government stated that the national prison system was in crisis because of overcrowding, inadequate infrastructure and insufficient staff to guarantee security. The government announced increased funding, up to 400 new prison staff, the opening of a new prison and construction of two more in Lima department, and the enlargement of other centres in Ica and Piura departments.

Following sustained national and international pressure, all inmates at Challapalca prison, located more than 4,600m above sea level in an extremely isolated area, were transferred to other prisons.

Violence against women

The Ombudsman expressed concern that the legislation prohibiting violence against women was still not being implemented by some police officers and judges and that only a small number of perpetrators had been convicted. Delays in the investigation and trial of these cases was also a concern.

Women's organizations expressed concerns about the lack of resources provided to the Human Rights Prosecutor's Office investigating forced sterilizations under the former government of Alberto Fujimori.

Economic, social and cultural rights

The World Health Organization reported that maternity and child mortality rates remained high. Despite legal provisions on the right to health and measures taken in recent years to improve access to free maternity and child health care for people on low income, there were concerns that this was not reaching people in the most vulnerable communities.

According to a report by the Ombudsman, more than 25 per cent of people lacked adequate access to drinking water; in rural areas this rose to 38 per cent.

AI country visits

AI delegates visited Peru in February and July.