1.
Introduction
57.
The Committee welcomes the submission of the third periodic report of Peru, which corresponds
generally with the Committee's guidelines concerning the form and content of reports, as well as the continuing
dialogue with experienced representatives of the State party, including the introductory oral information given
by the delegation.
2.
58.
Positive aspects
The Committee notes as positive the following:
(a)
The inclusion of the crime of torture, in broad conformity with the definition contained in
article 1 of the Convention, in the Penal Code;
(b)
The policy of placing the crime of aggravated treason within the jurisdiction of the civil courts;
(c)
The comprehensive programme of education undertaken in all branches of the civil and armed
forces to raise awareness of human rights obligations, in particular the prohibition against torture;
(d)
The gradual lifting of the state of emergency laws in most of the country and the declared
intention to lift them completely in the year 2000;
(e)
The establishment of the office of the Ombudsman;
(f)
The creation of a national registry of detainees and persons sentenced to a custodial penalty
(Law No. 26295) which is publicly accessible;
59.
(g)
The creation of the Ad Hoc National Commission on Pardon;
(h)
The reduction in recent years of complaints of maltreatment by persons in custody.
3.
Subjects of concern
The Committee expresses concern about the following:
(a)
The continuing numerous allegations of torture;
(b)
The lack of "independence" of those members of the judiciary who have no security of tenure;
(c)
terrorism;
The period of incommunicado pre-trial detention of 15 days for persons suspected of acts of
(d)
The use of military courts to try civilians;
(e)
The automatic penalty of at least one year of solitary confinement from the date of trial for
anyone convicted of a terrorism offence;
(f)
The apparent lack of effective investigation and prosecution of those who are accused of having
committed acts of torture;
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