torture, and car bombs in the cities.” Shining Path “committed very serious crimes that constitute
crimes against humanity,” as well as “gross violations [of international humanitarian law,] respect
for which was obligatory for all the participants in the hostilities.” According to the CVR, Shining
Path “was the main perpetrator of crimes and human rights violations, measured by the number of
those who were killed or disappeared”; thus, it was responsible for 54% of the fatalities reported to
the CVR,” “totaling 31,331 persons.” 56
61.
Furthermore, according to the CVR, starting in October 1981, “the recourse to states of
emergency was expanded, suspending [different] constitutional guarantees for renewable
periods.” 57 In this regard, by a supreme decree of September 5, 1990, a state of emergency was
ordered in the department of Lima and the constitutional province of Callao and this was extended
on several occasions, including on March 26, 1992. 58 Consequently, the constitutional guarantees
relating to the inviolability of the home, freedom of movement, freedom of association, and
personal liberty and safety were suspended, and “[t]he Armed Forces assumed control of internal
order” 59 (infra paras. 129 and 132).
62.
Moreover, on the evening of April 5, 1992, the then President, Alberto Fujimori, announced a
series of measures “to try and expedite the process of […] national reconstruction,” including the
temporary dissolution of the Congress of the Republic and the total reorganization of the Judiciary,
the National Council of the Judiciary, the Court of Constitutional Guarantees, and the Public
Prosecution Service.” He also indicated that any “articles of the Constitution that [were]
incompatible with these Government objectives [were] suspended.” At the same time, “troops of
the Army, the Navy, and the Air Force, and the National Police [took] control of the capital and of
the main cities in the interior of the country, and occup[ied] Congress, the Palace of Justice, the
media, and public places.” 60
63.
On April 6, 1992, Decree-Law No. 25,418 was promulgated, setting up the provisional
“Government of Emergency and National Reconstruction.” Following up on the announcements
made the previous evening, the decree dissolved Congress and proclaimed the “total reorganization
56
Report of the Truth and Reconciliation Commission, volume II, chapter 1.1, pp. 13, Conclusions, pp. 127 and 128, and
Caretas, El Peru en los tiempos del terror. La verdad sobre el espanto, updated edition (merits report, folio 1293).
57
Report of the Truth and Reconciliation Commission, volume VI, chapter 1.4, p. 221.
58
Cf. Supreme Decree No. 034/DE, September 5, 1990, Article 1 (file of annexes to the State’s brief of August 14, 2013,
folio 5038); Supreme Decree No. 043/DE/SG, October 5, 1990, article 1 (file of annexes to the State’s brief of August 14, 2013,
folio 5040); Supreme Decree No. 064/DE/SG, December 4, 1990, article 1 (file of annexes to the State’s brief of August 14,
2013, folio 5042); Supreme Decree No. 03/DE/SG, February 2, 1991, article 1 (file of annexes to the State’s brief of August 14,
2013, folio 5045); Supreme Decree No. 016/DE/SG, April 2, 1991, article 1 (file of annexes to the State’s brief of August 14,
2013, folio 5047); Supreme Decree No. 29-91/DE/SG, June 2, 1991, article 1 (file of annexes to the State’s brief of August 14,
2013, folio 5049); Supreme Decree No. 08-91-DE-CCFFAA, July 31, 1991, article 1 (file of annexes to the State’s brief of August
14, 2013, folio 5051); Supreme Decree No. 51-91-DE-CCFFAA, September 28, 1991, article 1 (file of annexes to the State’s brief
of August 14, 2013, folio 5053); Supreme Decree No. 70-91-DE-CCFFAA, November 30, 1991, article 1 (file of annexes to the
State’s brief of August 14, 2013, folio 5055); Supreme Decree No. 4-92-DE-CCFFAA, January 22, 1992, article 1 (file of annexes
to the State’s brief of August 14, 2013, folio 5057), and Supreme Decree No. 019-92-DE-CCFFAA, March 26, 1992, article 1 (file
of annexes to the answering brief, annex 65, folio 4254).
59
The relevant part of the said decree of March 26, 1992, established that, “owing to the fact that the terrorist actions
that gave rise to [the declaration of the state of emergency] continue,” it was decreed “To extend the state of emergency for
sixty (60) days as of March 28, 1992, in the department of Lima and the constitutional province of Callao”; to suspend “the
guarantees established in paragraphs 7, 9, 10, and 20-g of article 2 of the Peruvian Constitution” (infra para. 129), and that
“[the Armed Forces [would] assume control of internal order.” Supreme Decree No. 019-92-DE-CCFFAA, March 26, 1992, arts.
1, 2 and 3 (file of annexes to the answering brief, annex 65, folio 4254).
60
Museum of the Congress of the Republic of Peru, Message to the Nation of the President of Peru, Alberto Fujimorii
Fujimori, April 5, 1992, pp. 4 and 5, Available at http://www.congreso.gob.pe/museo/mensajes/Mensaje-1992-1.pdf; Report of
the Truth and Reconciliation Commission, volume III, chapter 2.3, pp. 83 and 85, and IACHR, Report on the Situation of Human
Rights in Peru, OEA/Ser.L/V/ll.83, Doc. 31, March 12, 1993, Section lll, Situation since April 5, 1992, paras. 42 and 52. Available
at: http://www.cidh.org/countryrep/Peru93eng/iii.htm
20