Peru: Redress available to a person mistreated by a government authority (December 2002-May 2005)

The Ombudsman's Office (Defensoría del Pueblo) was created in 1993, and its mission includes [translation] "monitoring the government's respect of its obligations and providing services to the people" (Peru n.d.a).

Anyone may appeal to the Ombudsman's Office in writing or in person at one of the local offices of the Ombudsman or the Attorney General (ibid. n.d.b).

The Peruvian consul in Ottawa highlighted the existence of the Ombudsman's Office, indicating that it may take on a case or may be asked to take on a case by a person or a group of people (Embassy of the Republic of Peru 8 June 2005). Each case is reviewed independently (ibid.).

Regarding the work of the office of the Ombudsman's Office, Country Reports 2004 states that complaints of violence brought against officers in the armed forces are still being filed with the Ombudsman, that a number of non-governmental organizations are seeking to obtain military information and that the Ombudsman is monitoring prison conditions (28 Feb. 2005).

A document from the Ombudsman's Office states that 68,134 cases were received between 11 April 2003 and 10 April 2004 and that at the end of that period, less than 15 per cent of those cases were still open (Peru n.d.c).

In cases of arbitrary or political decisions, a citizen may also appeal to the tribunal of constitutional guarantees (Tribunal de garantias constitucionales) (Embassy of the Republic of Peru 8 June 2005). For example, the consul stated that 117 public servants went before that tribunal in 1992 after being terminated for political reasons (ibid.).

The Inter-American Court of Human Rights (Corte Interamericana de Derechos Humanos) in San José, Costa Rica, is another possibility for seeking redress (ibid.). According to the consul, Peru has signed the convention that governs that court and respects its decisions (ibid.). A citizen may appeal directly to the Inter-American Court of Human Rights, which would then decide whether to take on that case (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Country Reports on Human Rights Practices for 2004. 28 February 2005. "Peru." United States Department of State, Washington, DC. [Accessed 3 June 2005]

Embassy of the Republic of Peru, Ottawa. 8 June 2005. Telephone interview with the consul.

Peru. n.d.a. Defensoría del Pueblo. "¿Qué es la Defensoría del Pueblo?" [Accessed 3 June 2005]
_____. n.d.b. Defensoría del Pueblo. "¿Como Presentar una Queja?" [Accessed 3 June 2005]
_____. n.d.c. Defensoría del Pueblo. "Informe Estadístico La Defensoría Del Pueblo En Cifras." [Accessed 3 June 2005]

Additional Sources Consulted

Oral sources: The Lima College of Lawyers (Colegio de Abogados de Lima), as well as the Peruvian National Police's Anti-Corruption Directorate (Dirección contra la Corrupción, Policía Nacional del Perú) did not respond to requests for information within the time constraints.

Internet sites, including: Colegio de Abogados de Lima, Inspectoría General de la Policía Nacional del Perú, Ministerio del Interior del Perú, Policía Nacional del Perú (Dirección contra la Corrupción), World News Connection.