E/CN.4/1999/63/Add.2
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responsible for the most serious crimes or to those who took part in offences
which caused loss of human life. It requires that the statement made by the
repenter must be proven.
98.
The beneficiary is guaranteed that his identity will remain secret,
as well as a change of identity, maximum measures to ensure his safety and
physical integrity, welfare benefits and the extension of these benefits to
his family.
99.
The Act extended these benefits to peasants captured by terrorist
groups and forced by threats to participate in terrorist activities. In 1993
these benefits were further extended to those involved in treason. The Act
was abrogated on 1 November 1994 by Act No. 26.345.
100. According to the Act's Evaluation Commission, 8,390 persons benefited
from the Act and most of them are now apparently at liberty. Nevertheless, in
August 1997, 378 of them were still prisoners.
101. The Working Group notes that legislation concerning repentance of
members of subversive groups is not directly contrary to international human
rights instruments, but, as the Group saw in Peru, the risks of abuse the
implementation of such legislation entails are considerable, since it gave
rise to the phenomenon of “innocent prisoners”.
102. Genuine repenters interviewed in Picsi claimed that promises of freedom
had not been kept. Others said that they felt “cheated because the guarantees
offered are not respected, as in the case of Crisanto Tiquillahuanca, who was
murdered by militants of Shining Path”. Although the repenters who are still
in prison are isolated from the militants, they run the risk of being
identified by their former comrades.
103. Peasants convicted of crimes which they were forced to commit protested
that they had not received what they had been offered. According to the
Ombudsman, this is because their situation was regarded as being cases of
repentance and, as such, subject to the established administrative or legal
procedures, and not, as the peasants thought, as cases not involving criminal
responsibility or, consequently, punitive prosecution (Ombudsman's decision
No. 040/97/DP).
104. However, the main complaints come from the victims of the repenters'
testimonies. NGOs in Chiclayo said that in Chulucanas, one repenter was
responsible for denouncing more than 200 persons, all were arrested, and they
in turn denounced others. It was said that, in one case alone, No. 117/93,
charges were brought against more than 80 persons as a result of denunciations
by repenters. There was so much lying that 60 of them were freed; other
examples were also cited. One well-known lawyer stated that “many members of
the Shining Path gave out names in a completely irresponsible way, naming
union members, journalists, local leaders, and all of them were imprisoned”,
since, “to justify its existence, DINCOTE forced detainees to repent for
practically anything”. One lawyer said that even the titles of the
“leaders” - who attract the harshest penalties - were false: “On recruitment,
they name the military chief, the civilian chief, etc., and, in the end, those
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