extrajudicial detention and torture and allowing prosecutors to visit and
monitor detention centres. The Committee also welcomes the legislative
expression of culpability for all persons, including State officers, who
engage in terrorism and in arbitrary and excessive use of force or who are
responsible for disappearances. The Committee also regards as an important
feature the creation of a new register of detainees and the envisaged change
in the composition of the National Council for Human Eights, in order that
members of different government agencies whose activities affect the realm of
human rights be represented therein. The Committee notes also the recent
strong statements addressed to the army and police by the President of Peru
concerning the importance of human rights.
2.
Factors and difficulties impeding
the application of the Covenant
340. The Committee finds little information in the report itself that relates
to the period before 5 April 1992 and notes the Peruvian Government's view
that much of the system existing before that date suffered from serious and
profound flaws and needed reconstruction. Developments after 5 April 1992,
when the Executive Branch seized all powers of the Peruvian State and
constituted the Government of Emergency and National Reconstruction, have also
not been encouraging. The Committee considers that the internal disorder and
lawlessness in Peru, both before and after 5 April 1992, have obstructed the
Covenant's effectiveness and, in some cases, rendered it inapplicable.
341. In this connection, the Committee observes that, during the entire period
under examination, the assumption of power by military forces in the areas
declared to be under a state of emergency has rendered ineffective the
implementation of certain rights and freedoms guaranteed under the Covenant.
The Government's acceptance of civilian vigilante groups that have full army
support, notably the peasants' patrols (rondas campesinas) has worsened the
situation, and it is clear that the Government is not in a position to rectify
various abuses, including excessive and indiscriminate retaliatory responses
to terrorist acts.
342. It remains to be seen if the changes brought about by the Government of
Emergency and National Reconstruction will assist in the restoration of
internal law and order in Peru, At the present time there is no evidence that
this is the case. The concentration of all power in the hands of the
Executive, the unilateral changes by the Government of Emergency and National
Reconstruction in the Judiciary, and the serious disruptions to the legal
system have, in the Committee's opinion, impeded the application of the
Covenant in Peru.
3.
Principal subjects of concern
343. The Committee expresses its deep concern about the terrorism that appears
to be part of daily life in Peru. The Committee condemns the atrocities
perpetrated by insurgent groups and is particularly disturbed by the scale of
terrorist violence, which shows no consideration for the most basic human
rights. Nevertheless, the Committee also censures excessive force and
violence used by the military, the paramilitary, the police and armed civilian
-81-