E/CN.4/1999/63/Add.2
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Academy of the Judiciary, Mr. Francisco Eguiguren Praelli. The Working Group
also met with Judge Elba Minaya and the President of the National Association
of Judges of Peru.
8.
Also in Lima, the Working Group met with the following non-governmental
organizations, collectively and separately: National Coordinator for Human
Rights, Centre for Studies and Association for Peace (CEAPAZ), Legal Defence
Institute (IDL), Ecumenical Federation for Development and Peace (FEDEPAZ),
Pro Human Rights Association (APRODEH), Amazon Centre of Anthropology and
Practical Application (CAAAP), Episcopal Commission for Social Action (CEAS)
and Andean Commission of Jurists (ACJ). It also met with lawyers and
relatives of detainees and released persons.
9.
In Lima, the Working Group visited the prisons of Castro Castro,
Lurigancho and Santa Monica in Chorillos, which houses female prisoners.
During the discussions prior to the mission, the Peruvian authorities informed
the Working Group that it could have free access to all detention centres in
the country, except for the Callao naval base, which is under military
jurisdiction.
10.
The Working Group visited the cities of Puno, Juliaca and Chiclayo,
where there are High Courts which have tried a large number of cases of
terrorism, as well as prisons housing prisoners whose cases have been
submitted to the Working Group.
11.
In Puno, the Working Group met with the President of the Juliaca High
Court and prosecutors, the main NGOs in the southern region and the defence
lawyers of persons detained for terrorist acts. It visited Yanamayo prison,
which is located at an altitude of 4,200 m.
12.
In Chiclayo, the Working Group was received by the President of the
Lambayegue High Court and by prosecutors and judges. It also met with lawyers
and relatives of prisoners, the directors of CEAS, IDL and CEAPAZ and the
Deaconry for the Office of the Archbishop of Piura and Tumbes and the Office
of the Bishop of Chulucanas; it also visited Picsi prison.
Legislation relevant to the mission
13.
The cases of imprisonment reported to the Working Group since 1991 all
relate to criminal charges of terrorism or treason. The Group has received no
communications about detentions for ordinary offences.
14.
The Group studied anti-terrorist legislation enacted since 1992.
Harsh to begin with, many of these laws have either been amended in a positive
sense or repealed, an improvement that the Working Group commends highly, as
did the Special Rapporteur on the independence of judges and lawyers,
Param Cumaraswamy, in his report (E/CN.4/1998/39/Add.1) on his visit to Peru
in September 1996. However, the earlier laws were applied in many of the
cases brought to the attention of the Working Group and it therefore had to
study them in depth so that it could express opinions on the detentions based
on them.