E/CN.4/1993/26
page 126
566. In the course of 1991 correspondence was exchanged between the President
of the Republic and Professor Tomuschat, the Commission on Human Rights
expert, with a view to informing him of the Government's progress in the field
of human rights and furnishing the information regarding complaints received
which Professor Tomuschat has requested as Special Rapporteur.
567. In 1991 peace talks were begun with the Guatemalan guerrilla movement and
in the course of various meetings gradual advances have been made in the
search for peace.
568. By letters dated 5 October 1992 addressed to the Government of Peru
(visited in April 1988), Honduras (visited in September 1989), Zaire (visited
in January 1990) and the Philippines (visited in September 1990), as well as
by letter dated 4 September 1992 addressed to the Government of Indonesia
(visited in November 1991), the Special Rapporteur requested those Governments
to inform him of any (further) measures they might have taken in pursuance of
the recommendations made following his visits to their countries. With
respect to Indonesia, it may be recalled that on 4 March 1992 the Chairman of
the Commission read a statement on the situation of human rights in
East Timor, which had been agreed by consensus at the Commission. This
statement contains the following sentence: "The Commission (...) urges the
Indonesian authorities to take the necessary steps to implement its
recommendations [contained in the Special Rapporteur's report on his visit to
Indonesia and East Timor] and looks forward to a report thereon."
569. By letter dated 20 November 1992 the Government of Peru provided the
Special Rapporteur with the following information.
570. Some of the Special Rapporteur's suggested recommendations imply
modification of the existing legal order. The Democratic Constituent Congress
which will be inaugurated on 3 January 1993 will be empowered to amend the
present Constitution, as well as having legislative functions. The
Constituent Congress and the Constitution that will emerge from it will
furnish the institutional framework needed for the adoption of the most
expedient legal provisions for the country's pacification.
571. The legal rules in force establish the mechanisms and procedures to be
employed in determining liability for violations of human rights. These
procedures guarantee the timely and proper administration of justice in Peru.
572. The military authorities responsible for detainees discharge their
obligations in respect of those rights within the existing legal framework and
to this end accord appropriate facilities to the judicial authorities, the
department of the public prosecutor and the delegates of the ICRC. Specific
legal and administrative provisions have been promulgated in this connection
among them Legislative Decree No. 665 of 2 September 1991 and Ministerial
Order No. 1302-91/DE-SG of 11 November 1991 which permits the entry of
prosecutors into military installations in the emergency areas.
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