July 1991, 37 members of the army had been punished and 2 cases involving
members of the navy were being investigated. Difficulties encountered in
implementing rights under the Covenant also included logistic and procedural
problems, such as the lack of infrastructure and difficulties stemming from
the low salaries of the judicial officers. It was sometimes necessary to
establish military-political commands to restore order in areas where the
civilian authorities had either been assassinated or threatened by terrorist
groups. However, the Government and the President had overall responsibility
for maintaining law and order. A new law empowering the armed forces to take
control of internal order and establish military-political commands in
emergency zones gave the political authorities full rights in such zones and
reaffirmed the authority of regional governments as part of an anti-terrorist
strategy designed to strengthen the State's authority. Prosecutors were
authorized to visit police stations, military installations and other
detention centres to monitor the situation of detainees and investigate
alleged disappearances. A state of siege applied to the entire country and
could be put into effect in the event of, or the imminence of, invasion,
foreign war or civil war.
306. The authority to legislate could be delegated to the executive under
article 188 of the Constitution. The President was required to report to
Congress on legislative decrees issued in exercise of such delegated powers.
The National Council of the Magistracy was responsible for proposing to the
President the appointment of judges and the Supreme Court investigated the
functioning of the judiciary. Disappearances had fallen from 231 in 1990 to
117 in 1991. Cases of alleged torture had also fallen from 22 in 1990 to 7 in
1991. On the other hand, the number of disappearances where the Government of
Peru had cooperated by providing specific answers had increased. The
constitutionality of a law could be challenged by the President, 60 deputies
or 20 senators, or by a petition of 50,000 citizens.
Right to life: recognition as a person before the law? liberty and security of
the person; prohibition of slavery and servitude; treatment of prisoners and
other detainees
309. In connection with those issues, members wished to know what measures had
been taken to in.vestiga.te, and to prevent the occurrence of, disappearances,
extrajudicial executions or torture; what the rules were governing the use and
abuse of firearms by the police and security forces; the rate of infant
mortality as well as the legality of abortion; whether confessions obtained
under torture could be used in court proceedings; what kind of restrictions
could be placed on an individual's liberty; how quickly a person's family was
informed of his arrest; what the policy was on decriminalizing prison inmates;
what arrangements had been made for supervising detention centres; and what
the procedures were for submitting and investigating complaints. Members also
inquired whether arrested persons were actually brought to court within 24
hours, or as soon as distance permitted, during operations conducted to combat
terrorism and insurgency; whether detainees were segregated from convicted
prisoners; and whether offenders under 18 were separated from adult offenders.
310. Members were also concerned about the exemption from criminal
responsibility, pursuant to article 20 of the Peruvian Penal Code, for abuse
of power and unnecessary use of violence by a person acting under orders.
Noting that similar provisions in other States parties had been found to be in
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