E/CN.4/1994/31
page 90
cases. In addition, the Special Rapporteur made two urgent appeals on behalf
of persons who, according to information received, were at risk of being
tortured.
(a)
Information transmitted to the Government with regard to the practice of
torture in general
427. By letter dated 26 August 1993 the Special Rapporteur advised the
Government that he had received ample information on the practice of torture
in the country by security forces. In particular, it was reported that the
new decrees on terrorism promulgated since April 1992 contained a series of
rules which facilitated the practice of torture on persons detained on
suspicion of terrorism, a term which was extremely vaguely defined. As a
result of some of these rules:
(i)
(ii)
(iii)
The right of defence was limited by the fact that the lawyer was
not allowed to intervene during the period of detention by the
police before the detainee had submitted his declaration to the
prosecutor. Preventive detention could last 15 days for
accusations of terrorism and even more for charges of betraying
the country.
The police was given broad discretionary powers during preventive
detention, such as the right to keep the detainee incommunicado.
For charges of betraying the country, the police might set the
time-limit for preventive detention beyond the legal limit of
15 days, and might even decide to extend it. These powers were not
subject to control by the jurisdictional authorities.
The exercise of the remedy of habeas corpus was prohibited both
during the police investigation and during the judicial
investigation.
428. Reports also spoke of a link between the practice of torture on the one
hand and involuntary disappearances and summary or arbitrary executions on the
other hand. Those who reappeared after long periods of unacknowledged
detention and the bodies of victims of extrajudicial executions very
frequently showed marks of physical violence. Such cases apparently occurred
in various parts of the country, but they were most common in rural and urban
areas where a state of emergency had been declared and where the military
presence was therefore strong. Thus, for example, the Special Rapporteur had
received a list of 24 students from the National University of Central Peru
who were allegedly executed in the city of Huancayo between August and
October 1992 and whose bodies showed marks of physical violence.
429. According to the information received, the most commonly used methods of
torture were beatings, suffocation, electric shocks, suspension by the arms
for long periods of time, death threats and mutilation. Sexual abuse and rape
were also reported to be routine in the areas under a state of emergency.
430. In almost all cases received by the Special Rapporteur, responsibility
for torture was attributed to members of the armed forces and police forces
stationed in the areas under a state of emergency. However, members of the
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