The complaint
Author’s comments
3.1 The author maintained that her forced return
to Peru would place her in danger of being subjected
to torture. Such a situation had to be borne in mind,
particularly in the context of the existence in Peru of
a consistent pattern of violations of human rights, an
aspect of which was the frequent use of torture
against persons accused of belonging to insurgent
organizations, as noted by United Nations bodies,
the Organization of American States and nongovernmental organizations. The author therefore
asked the Committee to request the State party to
refrain from carrying out her forced return to Peru
while her communication was being considered by
the Committee.
5.1 In her comments on the observations by the
State party, the author maintained that the
extradition took place even though legal remedies
had not been exhausted, at the time when the
Supreme Court was considering an application for
amparo with a request for precautionary measures
against the decision granting extradition. The
extradition took place on 3 July and only on 7 July
1998 did the Court rule on the application for
amparo, declaring it inadmissible, together with the
precautionary measure requested. In addition, the
transfer to Peru took place by surprise, since the date
was not communicated in advance either to the
author or to her counsel.
3.2 She also maintained that, if she was extradited,
proceedings would be brought against her that would
not guarantee the fundamental principles of due
process, since serious irregularities were committed
every day in Peru during the trial of persons accused
of belonging to an insurgent organization. Such
irregularities were contrary to the provisions of the
international human rights instruments ratified by
Peru and by the State party.
5.2 The Supreme Court decision did not refer at
all to the content of the reports submitted by the
defence, but did refer at length to the opinion in
favour of extradition issued by the Attorney-General
of the Republic. The decision also did not refer to
the provisional measures requested by the
Committee, even though they were invoked by the
defence. Only the dissenting judge referred to those
measures, also noting that there were no grounds for
convicting the author of the charges against her, that
conditions in Peru did not guarantee due process and
that international organizations had stated their
views on flagrant human rights violations in Peru.
As an argument against the opinion of the Supreme
Court, the author also referred to the political nature
of the offences with which she was charged in Peru.
State party’s observations
4.1 Through its Special Rapporteur on New
Communications, the Committee transmitted the
communication to the State party on 11 May 1998,
requesting it to submit its observations on the
admissibility and, if it did not object thereto, on the
merits of the communication. It also requested the
State party to refrain from expelling or extraditing
the author while her communication was being
considered by the Committee.
5.3 The author said that neither she nor her
counsel had received any reply in respect of the
application for asylum, contrary to what the Minister
for Foreign Affairs had stated when questioned by
the Chamber of Deputies’ Standing Committee on
Domestic Policy. According to what he said, the
Minister had informed the author, in a letter dated 27
March 1998, that the application for asylum did not
contain evidence of political persecution and that the
final decision lay with the Supreme Court.
4.2 On 2 July 1998, the State party informed the
Committee that the Supreme Court’s decision had
been adopted in accordance with domestic
legislation, particularly the Penal Code and the Code
of Criminal Procedure, and the 1928 Convention on
Private International Law, to which Peru and
Venezuela were parties. The activities attributed to
the author, namely, involvement in manufacturing
and planting car bombs for later attacks which killed
and wounded a large number of people, constituted a
serious ordinary offence, not a political offence. The
State party also indicated that the defence had not
provided any factual evidence to indicate whether or
not article 3, paragraph 1, of the Convention against
Torture was applicable. The statements by witnesses
who accused the author and whom the defence
claimed had been subjected to torture had been made
without any coercion, as shown by the fact that they
had been given in the presence of representatives of
the Public Prosecutor’s Department and the defence
lawyers.
5.4 He said that the State party had ratified the
1951 Convention relating to the Status of Refugees
and the 1967 Protocol relating to the Status of
Refugees, which provided that States had an
obligation to set up the necessary machinery for their
implementation. There were, however, no
procedures or authorities in the State party to
guarantee that asylum-seekers would be guaranteed
that right. Moreover, the Executive authorities of the
State party had said that they could take a decision
on asylum only after the Supreme Court had ruled on
extradition. That argument was wrong, however,
because asylum and extradition are two different and
autonomous legal institutions.
5.5 The author reported to the Committee that,
following her extradition, she was sentenced in Peru
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