(g)
The use of, in particular, the amnesty laws which preclude prosecution of alleged torturers who
must, according to articles 4, 5 and 12 of the Convention, be investigated and prosecuted where appropriate;
(h)
The maintenance in some parts of the country of emergency laws which abrogate ordinary
human rights protection;
(i)
The special prison regime applicable to convicted terrorists and in particular to convicted
terrorist leaders;
(j)
The failure of the Attorney General's Office to keep a precise register of persons who claim
that they have been tortured.
4.
Recommendations
60.
The Committee against Torture reiterates the recommendations it made at the end of its consideration
of the second periodic report of Peru on 12 May 1998, which are as follows;
"While noting and welcoming the new measures that have been taken or announced, including
some which are in the spirit of the recommendations made during the consideration of Peru's
initial report, the Committee reiterates those recommendations and calls upon the State party
to expedite reforms designed to establish a State genuinely founded upon the rule of law.
"The State party should consider repealing laws which may undermine the independence of
the judiciary, and take account of the fact that, in this area, the competent authority with regard
to the selection and careers of judges should be independent of the Government and the
administration. To guarantee such independence, measures should be taken to ensure, for
example, that the members of that authority are appointed by the judiciary and that the
authority itself decides on its rules of procedure.
"The State party should consider, pursuant to articles 6, 11, 12, 13 and 14 of the Convention, taking
measures to ensure that victims of torture or other cruel, inhuman or degrading treatment, and their
legal successors, receive redress, compensation and rehabilitation in all circumstances."
61.
In addition, the Committee recommends that:
(a)
The State party should ensure vigorous investigation and, where appropriate, the prosecution
of all reported instances of alleged torture and ill-treatment by its authorities, whether civil or military;
(b)
(c)
be abolished;
(d)
The period of pre-trial incommunicado detention should be abolished;
The automatic period of solitary confinement for persons convicted of terrorist offences should
Amnesty laws should exclude torture from their reach;
(e)
The special regime that applies to convicted terrorists should be reviewed with a view to the
gradual abolition of the virtual isolation and other restrictions that are inconsistent with the provisions of article
16 and may in certain cases amount to torture as defined in Article 1 of the Convention;
(f)
A similar national registry to that pertaining to detainees should be established for persons
claiming to be victims of torture.
15