E/CN.4/1998/38
page 31
Observations
153. While aware that many of the outstanding cases occurred before the
present Government was elected, he notes that the State remains responsible
for investigating earlier cases and bringing to justice those identified to
have been responsible for acts of torture. He is disturbed to learn that
despite the assurances he had received, fetters may still be being used as a
form of punishment in jails. He is also aware of resistance to bringing
prison rules into line with the Abolition of the Punishment of Whipping Act
and with the Law Commission’s recommendation that the use of fetters as a
punishment be abolished. In general, he would urge the Government to supply
information on the follow-up that may have been given to the recommendations
contained in the report of his mission.
Peru
154. By letter dated 26 May 1997 the Special Rapporteur advised the
Government that he had received information that torture continued to be
widely practised in the country, both against those suspected of common
criminal offences and against those suspected of offences of a political
nature, and not only in the zones under a state of emergency. In particular,
this was alleged to be done in the towns and cities by units of the
anti-terrorist police (DINCOTE), and in the rural areas by the armed forces
having control over the zone because of the state of emergency. Various
aspects of the anti-terrorist legislation would appear to contribute to this
situation. They include the period of time said to be available to the police
to interrogate suspects and bring charges, which would seem to be almost
unlimited. During their inquiries the police can hold someone in custody for
up to 15 days and, if they decide that the proper completion of the
investigation so requires, they can extend this period indefinitely.
Moreover, the type of evidence most commonly presented by the police against
persons suspected of terrorist offences was statements by these or other
suspects, often unsupported and even contradicted by other evidence.
155. It was reported that prison conditions were particularly bad for persons
serving a sentence under the anti-terrorist legislation. These prisoners were
usually kept in solitary confinement for the first year of their sentence,
were allowed to leave their cell for only 30 minutes a day and to receive
visits only from their lawyers. Only after the first year were they allowed
visits from relatives (30 minutes a month for adults and once every
three months for children).
156. In the same letter the Special Rapporteur transmitted to the
Government 22 new cases, some of them collective cases, and again transmitted
others sent in 1996 on which no reply had been received from the Government.
The Government replied to some of the new cases and to some of those
transmitted in previous years. The Special Rapporteur also made an urgent
appeal on behalf of two persons, to which the Government replied.
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