3 27, In reply, the representative of the State party reassured the Committee
that the Peruvian Government was committed to institutional normalization.
She told members that the state of emergency, enforced in accordance with
article 231 of the Constitution of Peru, was temporary and exceptional and had
led to no derogation whatsoever from articles 6, 7, 8 (1) and (2), 11, 15, 16
and 18 of the Covenant. Under article 231, the armed forces assumed control
of internal order in the emergency zones. While the judiciary had been
briefly suspended owing to its reorganization, it was functioning normally at
all levels. The Attorney General's office had been more active in protecting
human rights. Measures to reduce tension were under way, including a fund for
compensation and development; education and training; a national food
programme, and a five-year plan of action for children. Concerning enforced
disappearances, the representative said that officials found guilty of such
acts would be punished in accordance with the law. A nationwide network of
registers of detainees was being set up to facilitate the dissemination of
information to prosecutors as well as to human rights bodies. There was a
separate register for complaints concerning disappearances. Excesses had been
committed in implementing the anti-terrorist strategy but there was no
permanent impunity for those who had perpetrated them. Members of the
security forces, including the armed forces and the police, who had committed
illegal acts were prosecuted and tried in military courts. Under the
provisions of Decree-Law No. 25992, adopted on 26 June 1992, they could be
sentenced to prison terms of up to 15 years. There were currently no
political prisoners in Peru, Freedom of expression was fully respected and
exercised. Habeas corpus had always been in force despite the suspension of
the judiciary. There had been no recent increase in the number of declared
disappearances.
328. The Constitution of Peru was still in force, although some of its
provisions had been temporarily suspended. These, however, did not include
any of the articles of the Covenant to which the supplementary report
referred, namely articles 4, 6, 7, 9, 19 and 25. The incident at Castro
Castro Prison had been sparked off by the transfer of women terrorists to
another jail and had led to the deaths of some 40 persons, but it had not been
the Government's policy to initiate violence. The rondas campesinas and
peasant patrols were not armed by the military but were under government
supervision. The former President of Peru, Mr. Garcia, had gone into
voluntary exile but could eventually return to Peru. He would be able to
participate on the same basis as any other citizen - or indeed, political
party, representative institution or organization - in the dialogue leading up
to the elections for the new Democratic Constituent Congress. A high-level
Commission was currently evaluating various proposals for improving the
Constitution. Once the new Congress had been elected, it would be empowered
to investigate the actions taken by the Government since 5 April 1992.
329, In response to other questions, the representative said that laws had
been passed to provide training on human rights for the police and armed
forces. The house arrest of politicians was a security measure to prevent the
Shining Path or "Tupac Amaru" from taking advantage of the situation to incite
uncontrollable commotions and disturbances. Offenders aged under 18 years
were not sent to prison but to special institutions where they received
guidance rather than punishment. There was, however, no juvenile court in
Peru.
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