CAT/C/PER/CO/5-6
(c)
Ensuring that health professionals are aware of and informed about the
protocols regarding legal abortions by the Ministry of Health and guarantee
immediate and unconditional treatment for persons seeking emergency medical care;
(d)
Eliminating the practice of extracting confessions for prosecution
purposes from women seeking emergency medical care as a result of illegal abortion
and penalizing medical personnel for the exercise of their professional responsibilities;
(e)
Enhancing its provision of family planning information and services and
conducting a broad public campaign to raise awareness about cases when therapeutic
abortions are legal and the administrative framework to access them.
The State party should accelerate all current investigations related to forced
sterilization, initiate prompt, impartial and effective investigations of all similar cases
and provide adequate redress to all victims of forced sterilization.
Impunity for acts of torture and ill-treatment during the internal armed conflict
16.
The Committee is gravely concerned at the slow progress of establishing
accountability for the estimated 70,000 deaths or enforced disappearances during the
internal armed conflict from 1980 to 2000, and at the very small number of convictions and
high rate of acquittals in cases prosecuted. It is further concerned at the slow pace of
exhumations, identification of and return of bodies to their relatives and the scarcity of
qualified personnel. It is also concerned at the requirement by the National Criminal Court
that evidence be direct and documentary, and its unwillingness to credit the testimony of
victims or their relatives. The Committee is seriously concerned at the absence of full
cooperation of the Ministry of Defence to furnish information relevant for the
investigations, including lists of army officers present in patrols and army bases in
different regions affected by the conflict, and to inform on the aliases and code names
frequently used by military officials. While taking note of the introduction of the Victim
and Witness Assistance Programme and acknowledging the challenges and difficulties, the
Committee is concerned that lack of effective implementation prevents courts from
obtaining testimonies and that there are no special measures to protect victims of torture. It
is concerned further at the underreporting of cases of sexual violence against women and
girls during the armed conflict, the limited number of investigations, the absence of
sentences and the lack of effective redress to victims of sexual violence during the conflict.
It is also concerned that rape is the only form of sexual violence that may give rise to
individual economic compensation under Law No. 28592 and that all forms of sexual
violence are not covered by the law on reparation. The Committee takes note that the State
party ratified the Rome Statute in 2001, but is concerned that Bill No. 1707/2007/CR on
rape as a crime against humanity, was submitted to Congress in 2007, but has not been
passed to date (arts. 2, 12, 13, 14 and 16).
The State party should enhance its efforts to investigate, prosecute and bring to justice
the perpetrators of human rights violations, including torture, during the internal
armed conflict and ensure the access to truth, justice and compensation for victims. It
should strengthen the capacity of the specialized judicial subsystem established for
this purpose to conduct trials in an impartial, public and transparent manner, in
accordance with international law. It also recommends that the Institute for Legal
Medicine enhance its specialized forensic teams to accelerate the exhumations and
analysis of human remains, their identification and handing over to relatives. The
Committee urges the Ministry of Defence to cooperate with the prosecutors and
judges and invites the National Criminal Court to reconsider its criteria for obtaining
evidence in cases of human rights violations. Witnesses and victims should be
protected and provided with sufficient financial resources under the witness
protection programme. The State party should enhance the investigation and
6