E/CN.4/1995/34
page 107
Peru
Urgent appeals
553. The Special Rapporteur transmitted an urgent appeal on 8 June 1994
on behalf of César Flores González, a journalist, who was detained
on 30 April 1994 by a military patrol in the town of Huanta, department of
Ayacucho. He was taken to the Castropampa military base and allegedly beaten
before being released on 6 May. Fears were expressed that upon returning to
Huanta he would be arrested and ill-treated again.
554. On 14 September 1994 the Government replied that Mr. Flores had been
arrested in the context of an operation carried out by the army to recruit
people to perform military service. He was taken to the Castropampa base, but
was never subjected to ill-treatment.
555. The Special Rapporteur transmitted another urgent appeal
on 26 September 1994 on behalf of María Elena Foronda and Oscar Díaz Barboza,
Director and Administrator, respectively, of the environmental organization
Instituto Natura, who were detained under anti-terrorism legislation by
members of the anti-terrorism police on 13 September 1994 in the town of
Chimbote, Santa province, Ancash department.
Information received from the Government with respect to cases included in
previous reports
556. On 16 August 1993 the Special Rapporteur made an urgent appeal
on behalf of Juan Abelardo Mallea Tomailla, a taxi driver arrested in
Lima on 10 July 1993 by members of the National Directorate against
Terrorism (DINCOTE). The Government referred to this case in a letter
dated 7 December 1993 in which it is stated that this person was a member of
the Partido Comunista del Perú (Sendero Luminoso) and that it had been proven
that he was the author of a hand-written text which appeared on a map. The
map showed the location of four unmarked graves on the outskirts of Lima,
which contained the remains of the professor and nine students abducted from
La Cantuta University in July 1992. The sources, however, informed the
Special Rapporteur that they had consulted a handwriting expert in the
United States who found that Mr. Tomailla’s handwriting did not correspond to
that found on the map. In its response the Government also stated that he was
examined by a doctor who established that he was physically and mentally well.
It was not said, however, when this examination was carried out.
557. The Government referred to the same case in another letter
dated 24 January 1994 in which it stated that the provincial attorney in
charge of the investigation found no evidence to charge Mr. Tomailla with
terrorism-related offences. In a third letter dated 5 May 1994 the Government
stated that the Lima Higher Court had ordered his release on 28 April 1994.
558. Rafael Leandro Rodríguez Eduardo was reportedly ill-treated on
the premises of El Tambo police station in Junín in June 1991. On
14 September 1994 the Government replied that he had been arrested for theft
but was never subjected to ill-treatment.
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