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