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. -78-

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