E/CN.4/1999/63/Add.2
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problems was that they had defended persons accused of terrorist crimes and
treason. Carlos Gamero, the defence counsel for Abismael Guzmán, was
sentenced to life imprisonment for treason and there are other similar cases.
The Working Group accordingly regards as positive, in this area, the repeal of
the measures that led to these irregularities, in particular the repeal,
through the Act of 25 November 1993, of the rule prohibiting a lawyer from
defending several people at the same time. In view of the remaining risks, it
encourages the Peruvian Government to persevere with these repeals and
reforms.
9.
The right to examine, or have examined, witnesses
146. The restrictions on evidence referred to in paragraphs 84, 93 (e) and 94
and those contained in the 1998 laws are a violation of the rights provided
for in article 14, paragraph 3 (e), of the Covenant. This is also the opinion
of the Special Rapporteur on the independence of judges and lawyers
(paragraph 63 of his report).
10.
The rights of juvenile detainees
147. Decree-Law No. 25.564 of June 1992 lowered the minimum age of criminal
responsibility for terrorist offences from 18 to 15 years, which, in the
Working Group's opinion, is “too young” for the beginning of criminal
responsibility and is inconsistent with principle 4.1 of the Beijing Rules.
The courts made the Decree-Law applicable to the offence of treason, which is
contrary to its provisions, as stated by the Working Group in its Opinion
No. 13/1995. It was brought to the attention of the Group that many minors
were given life sentences, contrary to principle 17 of the Beijing Rules on
proportionality and the needs of juveniles.
148. That Decree-Law was effectively repealed by the 1993 Code on Children
and Adolescents and later expressly repealed by Decree-Law 26.447 of 1995.
However, over 40 juveniles under 18 years of age have been tried or sentenced.
The authorities have tried to blame a lack of documentation resulting from the
destruction of public records by subversive elements. Regrettably, no other
means were used to verify the ages of the persons concerned. For example,
Ruth Karina Alvis was abducted by Shining Path; she was detained, tortured and
sexually assaulted in military premises; she was later sentenced to 25 years'
imprisonment for acts of treason allegedly committed during the period of her
abduction. On 6 March 1997, the Supreme Council of Military Justice
overturned the sentence, but, despite proof that the alleged acts took place
when she was 17 years old, it ordered that she should be tried for the offence
of terrorism. In January 1998, the trial had still not begun.
11.
The right to have one’s sentence reviewed
149. The restriction of the right to have one’s sentence reviewed, as
referred to in paragraph 93 (h) of this report, violates the guarantee
provided for in article 14, paragraph 5, of the Covenant.
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