B.
Positive aspects
64. The Committee notes the intention expressed by the delegation to submit all
the reports required by international human rights organizations and to respond
to all their requests.
65. The Committee takes due note of the intensive campaign to make the armed
forces and the police more aware of the need to respect human rights.
66. The Committee is pleased to note the approval of various items of
legislation, such as that permitting procurators to visit places of detention in
areas where a state of emergency has been declared, that providing for greater
flexibility in the procedures relating to terrorism and those which establish
new bodies for protecting human rights.
C.
Subjects of concern
67. One cause for serious concern is the large number of complaints from both
non-governmental organizations and international agencies or commissions
indicating that torture is being used extensively in connection with the
investigation of acts of terrorism and that those responsible are going
unpunished.
68. The Committee points out that the legislation intended to repress acts of
terrorism does not meet the requirements of international agreements concerning
a fair, just and impartial trial with minimum safeguards for the rights of the
accused (for example, "faceless" judges, serious limitations on the right of
defence, lack of opportunity to take proceedings before a court, extension of
the period of incommunicado detention, etc.).
69. The Committee is also concerned by the subjection of civilians to military
jurisdiction and by the fact that, in practice, the competence of the military
courts is being extended as regards cases of abuse of authority.
D.
Recommendations
70. The Committee is aware of the serious difficulties which Peru is
experiencing because of the terrorist attacks, which are to be condemned, and
hopes that it will succeed in overcoming them.
71. Despite the determination stated by the delegation of Peru, in the
Committee’s opinion, the legislative and administrative measures adopted in
order to comply with the Convention have not been effective in preventing acts
of torture, as required by article 2, paragraph 1 of the Convention.
72. At the same time, the requirements of articles 12 and 13 of the Convention
concerning the need for a prompt and impartial investigation of all complaints
of torture are not being met.
73. Nevertheless, taking into consideration the intentions expressed by the
delegation and the fact that the Government has available to it the means
necessary to eradicate the scourge of torture, the Committee suggests the
adoption of, among others, the following measures:
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