E/CN.4/1999/63/Add.2
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shot her, but she didn’t die. Afterwards, she identified me as the driver.
DINCOTE tortured me and broke two of my ribs.” This person was sentenced to
life imprisonment.
157. “They arrested me along with the woman I worked for as a domestic
servant. They took me to Lima and tried me with two other people I did not
know. I was accused of taking care of 'reds', but I did not know who they
were, as I was only doing what my employer told me to do. I was sentenced to
20 years' imprisonment by the civilian court and my employer was given a life
sentence by the military court.”
158. When Shining Path attacked the town of Victoria in December 1993, it
made Mirtha Sobrado Correa the local leader “because she was the youngest”.
She did not have the slightest chance of resisting. She was sentenced to
five years’ imprisonment for collaborating with terrorists. There are many
similar stories and thousands of victims.
159. The Government has been considering a number of solutions since 1994
including a communication to Amnesty International by a committee of jurists;
one by the Ministry of Justice to the Sub-Commission on Prevention of
Discrimination and Protection of Minorities (E/CN.4/Sub.2/1994/51); and the
adoption of the Repentance Act, focusing on peasants who were abducted and
forced to commit terrorist acts.
160. An “Ad Hoc Committee” was established by Act No. 26.655
of 17 August 1996 to make proposals to the Government in exceptional cases
on pardons for persons convicted of terrorist-related offences on the basis of
insufficient evidence of ties with terrorist organizations (art. 1). It can
also recommend that persons on trial in similar circumstances should be
pardoned (art. 2). The Committee is composed of the Ombudsman, a
representative of the President of the Republic (a respected priest) and the
Minister of Justice. It can recommend the review of cases in which there is
some “doubt” about the facts. The Committee began its work on 20 August 1996
for an initial term of 180 days, which was extended until December 1998.
International concern about the matter is evidenced by the large contribution
made to the Committee (30 per cent).
161. Up to the time when the Working Group visited Peru, the Committee had
received 2,541 applications for reprieve or pardon and had recommended
that 362 of them should be granted. The President granted 360: 316 persons
serving prison sentences and 44 awaiting trial. By the end of August 1998,
the number had reached 438. A Committee of Solidarity, composed of the
Ombudsman and NGOs, is responsible for the rehabilitation of persons who have
been reprieved or pardoned.
162. According to the Committee and the Working Group, the 360 persons
pardoned were subject to arbitrary detention within the meaning of
category III of the Group’s methods of work.
163. Ninety-five per cent of the persons pardoned had been tried by civilian
courts and 5 per cent by military courts. The President of the Supreme
Council of Military Justice (CSJM) maintains that military justice and its
monitoring system to avoid injustice are almost infallible. He claims that
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