A/68/44
compensation under Law No. 28592 and that all forms of sexual violence are not covered
by the law on reparation. The Committee takes note that the State party ratified the Rome
Statute in 2001, but is concerned that Bill No. 1707/2007/CR on rape as a crime against
humanity, was submitted to Congress in 2007, but has not been passed to date (arts. 2, 12,
13, 14 and 16).
The State party should enhance its efforts to investigate, prosecute and bring to justice
the perpetrators of human rights violations, including torture, during the internal
armed conflict and ensure the access to truth, justice and compensation for victims. It
should strengthen the capacity of the specialized judicial subsystem established for
this purpose to conduct trials in an impartial, public and transparent manner, in
accordance with international law. It also recommends that the Institute for Legal
Medicine enhance its specialized forensic teams to accelerate the exhumations and
analysis of human remains, their identification and handing over to relatives. The
Committee urges the Ministry of Defence to cooperate with the prosecutors and
judges and invites the National Criminal Court to reconsider its criteria for obtaining
evidence in cases of human rights violations. Witnesses and victims should be
protected and provided with sufficient financial resources under the witness
protection programme. The State party should enhance the investigation and
prosecution of all cases of human rights violations committed during the armed
conflict, including sexual violence, and provide redress to victims. All forms of sexual
violence should be included in national legislation prohibiting torture and Law No.
28592 should be enacted in order to allow for individual economic compensation for
such crimes. The Committee recommends that the State party expedite the
implementation of the Rome Statute in national legislation.
Comprehensive Reparation Plan
(17) While taking note of the introduction of the Comprehensive Reparation Plan and the
establishment of the Central Register of Victims concerning reparation for victims of
violence during the internal armed conflict from 1980 to 2000, the Committee is concerned
that Supreme Decree No. 051-2011-PCM will be implemented to close the Central Register
of Victims in spite of some 28,000 outstanding files requiring evaluation under the
Economic Reparation Programme. The Committee is also concerned at the insufficient
amount of economic reparation and at the slow pace of payments (art. 14).
The Committee recommends that:
(a)
The Reparation Council remain open and that the State party ensure
that the Central Register of Victims continues the process for determining and
identifying beneficiaries of the Economic Reparation Programme and amend article
41 of the regulations governing Act No. 28592 accordingly;
(b)
Allocation be made for sufficient financial and human resources
required for the full and timely implementation of the Comprehensive Reparation
Plan and that an increase in the amount of economic reparation be made which
should cover all the persons concerned.
Medical and psychological care for victims of torture
(18) While noting that torture victims of the internal armed conflict are entitled to receive
health services under the Comprehensive Reparation Plan and the comprehensive health
insurance scheme and that the National Criminal Court has ruled in recent cases of torture
that victims of torture should be given free physical and mental health care until they were
fully recovered, the Committee is concerned that the plan is far from being fully
implemented, that there is no specialized programme of medical and psychological care or
rehabilitation for victims of torture and that there are no records showing the number of
GE.13-46043
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