11 executions of indigenous leaders; and some deaths on account of the victims’ sexual orientation or 17 gender identity. 63. In its Second Report on the Situation of Human Rights in Peru, the IACHR noted that the acts of violence carried out by Shining Path and the MRTA “led to the loss of life and property... in addition to the pain and suffering caused by the permanent state of anxiety to which Peruvian society, in 18 general, was subjected.” 64. In its reports on individual cases and on the general human rights situation in Peru, the IACHR noted that during the struggle against Shining Path and the MRTA, the police and the military committed illegal acts that involved serious human rights violations.19 In addition, it indicated that the security forces carried out arbitrary arrests, torture, rapes, extrajudicial killings, and disappearances, in 20 many cases against people who had no ties to the irregular armed groups. 65. The Inter-American Court of Human Rights has established that for several years, governmental policy in Peru favored the commission of targeted killings, forced disappearances, and 21 22 torture of people suspected of belonging to the insurgent groups. Finally, the Inter-American Court and 23 the CVR have spoken of the excessive and lethal use of force at detention centers holding people facing trial for terrorism or treason against the fatherland. C. General considerations regarding the context 1. The institutionalization of torture in the counterinsurgency effort 66. In the reports from its on-site visits and its monitoring of the human rights situation in Peru, the IACHR has stated that during the internal armed conflict, the police and the military used torture 24 against individuals suspected of belonging to or collaborating with the insurgent groups. The IACHR has said that at this time, a number of criminal proceedings for terrorism and treason against the fatherland 17 Final Report of the CVR, 2003, Vol. II, 1.4 The Túpac Amaru Revolutionary Movement, pp. 387, 389, 392, and 431 to 433; Vol. VII, 2.30 The Disappearance of the Ashaninka Chief Alejandro Calderón (1989), 2.39 Killing of Nine Inhabitants of Yumbatos, San Martín (1989), 2.54 Abduction and Murder of David Ballón Vera (1992), available at: www.cverdad.org.pe/ifinal/index.php. 18 IACHR, Second Report on the Situation of Human Rights in Peru, OEA/Ser.L/V/II.106, doc. 59 rev., June 2, 2000, Introduction, B. Frame of Reference, para. 7, available at: www.cidh.oas.org/countryrep/Peru2000sp/indice.htm. 19 IACHR, Second Report on the Situation of Human Rights in Peru, OEA/Ser.L/V/II.106, doc. 59 rev., June 2, 2000, Introduction, B. Reference Framework, para. 9, available at: www.cidh.oas.org/countryrep/Peru2000sp/indice.htm. 20 IACHR, Report No. 101/01, Case 10.247 and others, Extrajudicial Executions and Forced Disappearances, Peru, October 11, 2001, paras. 163 to 179; Report No. 57/99, Case 10.827, Romer Morales Zegarra and others; Case 10.984, Carlos Vega Pizango, Peru, April 13, 1999, paras. 28 to 44; Report No. 1/96, Case 10.559, Julio Apfata Tañire Otabire and others, Peru, March 1, 1996, section I, Background; and Report No. 37/93, Case 10.563, Guadalupe Ccalloccunto Olano, Peru, October 7, 1993, section I, Background. 21 I/A Court H. R., Case of La Cantuta, Judgment of November 29, 2006, Series C No. 162, paras. 83 and 84; Gómez Palomino Case, Judgment of November 22, 2005, Series C No. 136, para. 54.1; and Case of Huilca Tecse v. Peru, Judgment of March 3, 2005, Series C No. 21, para. 60.9. 22 I/A Court H. R., Case of Neira Alegría et al. v. Peru, Judgment of January 19, 1995, Series C No. 20, para. 69; Durand and Ugarte Case, Judgment of August 16, 2000, Series C No. 68, paras. 59.i and 59.j; and Case of the Miguel Castro Castro Prison, Judgment of November 25, 2006, Series C No. 160, para. 197, Nos. 18 to 40. 23 Final Report of the CVR, 2003, Vol. VII, 2.67 The Extrajudicial Killings at El Frontón and Lurigancho Prisons (1986) and 2.68 The Extrajudicial Killings at Canto Grande Prison (1992), available at: www.cverdad.org.pe/ifinal/index.php. 24 IACHR, Report on the Situation of Human Rights in Peru, OEA/Ser.L/V/II.83, Doc. 31, March 12, 1993, Section I, Background, C. Human Rights Problems Identified by the Commission, paras. 18 and 19, available at: www.cidh.oas.org/countryrep/Peru93sp/indice.htm.