E/CN.4/1989/15
page 33
I n v e s t i g a t i o n Bureau, Mr. Yoon-Hue Ahn; the P r e s i d e n t of the Korean Bar
A s s o c i a t i o n , Mr. In Koo Moon; t h e A s s i s t a n t M i n i s t e r for Legal A f f a i r s in the
M i n i s t r y of J u s t i c e , Mr. Sang Hyun In and the D i r e c t o r of t h e Criminal A f f a i r s
Department, Mr. Kun Gae Lee. He a l s o met Mr. J u n g - I l Chi of the Korean Bar
A s s o c i a t i o n ; the Resident R e p r e s e n t a t i v e of the UNDP Office i n the Republic
of Korea, Mr. N. S. Subbaraman; and the D i r e c t o r of the Human Rights
Committee of t h e World Council of Churches in Korea, Mr. lam Dong-Van.
168. F i n a l l y , in Turkey he was r e c e i v e d by the M i n i s t e r of J u s t i c e and Deputy
U n d e r - S e c r e t a r y , Mr. Y i l d i r i m Turkmen? the Deputy Under-Secretary of the
M i n i s t r y for Foreign A f f a i r s , Mr. Ayhan Kamel> t h e Deputy D i r e c t o r for
M u l t i l a t e r a l P o l i t i c a l A f f a i r s , Mrs. Fiigen Ok; the Under-Secretary of t h e
M i n i s t r y of the I n t e r i o r , Mr. Vesdi Gonul; t h e Chairman of t h e Commission of
J u s t i c e , Mr. Alpaslan P e h l i v a n l i ; the Head of M i l i t a r y J u d i c i a l A f f a i r s i n
the M i n i s t r y of Defence; t h e D i r e c t o r of t h e P o l i c e Academy; Mr. Mumetz
Soysal of the F a c u l t y of P o l i t i c a l S c i e n c e s ; t h e D i r e c t o r of the I s t a n b u l
Sagmacilar P r i s o n and the D i r e c t o r of t h e Ankara Mamok P r i s o n ; a member of
the Turkish Medical A s s o c i a t i o n , Mr. Ragip Cam; and the Chairman of t h e
Turkish A s s o c i a t i o n for Human R i g h t s , Mr. Nevzat H e l v a c i .
A.
V i s i t t o Peru
1. Background and legal and institutional framework
169. For a number of years Peru has been ridden by internal unrest, due to the
activities of guerrilla movements in some parts of the country. Since 1980,
the Sendero Luminoso (Shining Path) movement has conducted guerrilla warfare
in the mountainous areas in the eastern part of the country, using terrorist
methods to strengthen its grip on the local population. It has deployed its
heaviest activities in the Province of Ayacucho. More recently,
Sendero Luminoso has extended its activities to urban areas, in particular to
the capital, Lima.
170. Another armed organization, the Movimiento Revolucionario Tupac Amaru
(MRTA), was originally based in the urban areas, but has, since 1987,
transferred its field of operations to the countryside, mainly to the Province
of San Martin.
171. In a number of provinces where the guerrilla movements are active, a
state of emergency has been declared (at the time of the Special Rapporteur's
visit 29 provinces were under emergency law, including the metropolitan
Provinces of Lima and Callao, covering about 40 per cent of the population).
Under article 231 of the 1979 Constitution, the declaration of a state of
emergency is restricted to a 6 0-day period, which can, however, be extended by
presidential decree. Under the state of emergency, the following rights
guaranteed by the Constitution may be suspended: the right to personal
freedom and security, inviolability of the home, freedom of association and
freedom of movement. In fact, all these rights have been suspended in the
areas under emergency law.
172. The right to life and the right to physical integrity, guaranteed in
article 2.1 of the Constitution, therefore, are not among the rights from
which derogation may be made. However, what has been suspended is the
provision that no person may be arrested without warrant or may be kept in
detention for more than 24 hours without such a warrant, unless he has been
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