E/CN.4/1999/63/Add.2
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“pardons are granted to persons sentenced by civilian courts in the interests
of justice, in order to correct errors, but, in the case of military courts, a
pardon is granted for the sake of pardon - because they are all guilty”.
Judges, the members of the Committee and the members of the Supreme Court did
not express an opinion on this point. However, NGOs gave an entirely
different explanation: the Ad Hoc Committee is more thorough in its
consideration of cases originating in special courts so as to avoid
corporative reactions.
164. The Ad Hoc Committee should be commended on its efforts to obtain
different forms of compensation for the persons concerned, as recommended by
the Human Rights Committee (CCPR/C/79/Add.67, para. 21). A plan providing for
financial compensation (a minimum income for each month of detention), access
to education and health and other benefits was shown to the Working Group.
165. The bill submitted on 22 May 1997 should also be adopted. It provides
that a pardon would mean that the trial and the sentence would be removed from
the records, as though the beneficiary had never been accused of an offence.
166. The so-called innocent “persons wanted for questioning” also suffer the
same injustice. They are persons who have been named by a repenter and
against whom there is an outstanding arrest warrant, which, contrary to the
general rule (Act No. 25.660), has not expired. This situation, involving
over 5,000 internally displaced persons and refugees, is so serious that the
Ombudsman has launched an investigation into the matter.
VIII.
CONCLUSIONS AND RECOMMENDATIONS
A.
Conclusions
167. In the light of its visit, the Working Group is able to make the
following appraisal of the situation with regard to the right to justice in
Peru:
(a)
On the one hand, the Working Group appreciates the intense effort
being made by the Government to modernize an antiquated and ineffective
administration of justice, often accused of corruption, and thus to improve
significantly the effectiveness of the right to justice;
(b)
On the other hand, the Working Group notes that the priority which
the Government rightfully attaches to combating terrorism has been the source
of serious violations in view of some of the methods employed, which have
resulted in a large number of arbitrary arrests;
(c)
The Working Group welcomes the fact that the Government has
repealed some of the laws which had been the most conducive to large-scale
violations of human rights; it remains, however, seriously concerned by the
persistence of certain of the practices acquired in combating terrorism, which
have had the result of legitimizing the recent national security laws.
168. The ambitious process of reform of the administration of justice
deserves the support of the legal community, in addition to the backing it has
received from the international community. However, judicial reform is not
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