E/CN.4/1989/15
page 34
arrested for terrorist acts, espionage or drug-trafficking, in which case he
may be held without charge for a period of 15 days. The provisions on
habeas corpus and amparo (enforcement of constitutional rights) procedures,
however, remain in force under emergency law, at least with reference to those
rights which have not been suspended. This was confirmed by the President of
the Supreme Court. Since torture comes under the provisions on habeas corpus,
the habeas corpus procedure can function as a highly effective instrument to
prevent torture.
173. According to the same article 231, the armed forces assume control of
internal order when the President of the Republic so decides. Under the
previous administration, Act No. 24.150 legalized the practice of placing
areas under a state of emergency almost exclusively under the authority of a
"political-military command". This Act, like the previous practice, has led
to controversies about its constitutionality, since the politico-military
command replaces the civilian authorities also in fields not confined to
internal order. In 1987, the present Government announced its intention to
repeal Act No. 24.150 and to replace it with a statute providing for a much
greater role for the civilian authorities in areas under emergency law. The
Government, however, did not carry out that plan and an initiative taken by
the opposition in the Senate to repeal the law was blocked in the Senate
Committee.
17 4. The legal regime established by Act No. 24.150 is of paramount
importance, since nearly all information on torture received by the Special
Rapporteur since 1985 (the year his mandate was established) has dealt with
alleged torture practices in the areas under emergency law. It was reported
that thousands of people had disappeared (in a report to the Human Rights
Commission of the Chamber of Deputies, submitted in August 1987 by the Fiscal
de la Nacion (Attorney-General), the total given was 2,417), some of whom were
presumably abducted by the security forces. It was further reported that many
of those people were held temporarily in military camps and barracks where
they were interrogated. During those interrogations, they were reportedly
often tortured and afterwards either released or killed. Many allegations
referred to the finding of dead bodies with marks of torture (see also the
report of the Working Group on Enforced or Involuntary Disappearances,
E/CN.4/1987/15/Add.l).
175. Whenever human rights are violated, the victim or his relatives can lodge
a complaint with the office of the Fiscal de la Nacion, who is the Head of the
Ministerio Publico. According to article 250 of the Constitution, the
Ministerio Publico is an independent and autonomous institution. Its main
functions are, on the one hand, the promotion and defence of the rule of law
and the rights of citizens, and on the other, the supervision of criminal
investigations and the initiation of criminal proceedings. The officials of
the Ministerio Publico, therefore, are simultaneously ombudsmen and public
procecutors. Within the Ministerio Publico a Human Rights Office is
established, an administrative body which, through the collection of reports
on alleged human rights violations, enables the Fiscal de la Nacion to carry
out the first function. The Ministerio Publico investigates reports about
human rights violations and has, for example, solved 205 cases of
disappearances.
According to a press release of 12 July 1988, it also deals
with allegations of torture. The representative of the Fiscal de la Nacion in
Ayacucho told the Special Rapporteur that he had looked into 348 reported
cases of torture in 1987 alone. Only in relatively few cases, however, had he
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