E/CN.4/1999/63/Add.2 page 6 groups. Torture was reported so often between 1992 and 1994 that the Committee against Torture and the Special Rapporteur on the question of torture refer to torture as being frequently practised in Peru. 2 22. The main legal instruments are states of exception and criminal and procedural legislation which often does not respect international human rights standards. II. THE JUDICIARY AND RELATED INSTITUTIONS 3 23. One of the first acts of President Fujimori after the coup he orchestrated on 5 April 1992 was to reorganize the judiciary and the Office of the Public Prosecutor, which had lost prestige in all sectors. Decree-Law No. 25.418 of 7 April, which is designed to ensure “the moral administration of justice”, suspended the 1979 Constitution as being incompatible with it. 24. Thirteen members of the Supreme Court, all members of the Court of Constitutional Guarantees, the members of the National Council of the Judiciary, the Attorney-General of the Nation and 130 magistrates at different levels were dismissed on 9 April. Their replacements were appointed by the Government itself. The new Supreme Court was authorized to evaluate the civil servants under its jurisdiction and to fill vacant posts in other courts. A. Reform of the judiciary 25. The aim of the reform process is to relieve judges of functions other than purely judicial ones, which were carried out by the plenary of the Supreme Court. The Executive Council was responsible for the management of the Court and the General Management Office had executive administrative functions (Act No. 25.869 of 1994). 26. In 1995, the Executive Commission of the Judiciary (CEPJ) was set up, assumed the functions of the Executive Council and became responsible for implementing the reform. The CEPJ, composed of the presidents of the various chambers of the Supreme Court, takes the initiative on legal matters, evaluates and dismisses judges, and establishes the promotion register for judges. The Executive Secretary of CEPJ is Navy Commander José Dellepiani, who has enormous influence over the whole process. The reform has strong government and international financial backing. 27. In addition to CEPJ, another dual structure body, the Judicial Coordinating Council, was created in 1996. It is responsible, inter alia, for coordinating general policy on the development and organization of judicial institutions and for defining strategies, “without prejudice to the independence and autonomy of each constituent organ”. In future, the entire legal community (the judiciary, the Ministry of Justice, the National Council of the Judiciary, the Attorney-General of the Nation, bar associations, law faculties and, possibly, the police and others) will be a part of its permanent structure. Until the end of the reform (31 December 1998), however, it will be composed only of the judicial organs and of an Executive Secretary, who is entitled to speak and to vote. During this time, the Council will formulate judicial policy. In judicial circles, it is generally believed that, because it replaces the ordinary judicial organs provided for in the

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