12
25
were brought on the basis of police statements obtained through torture and coercion. Similarly, the
Inter-American Court has established that in 1993, it was common in Peru for police investigations into
the crimes of treason against the fatherland and terrorism to be carried out using torture and cruel,
26
inhuman, and degrading treatment.
67.
In July 1995, the United Nations Committee against Torture (hereinafter also “the CAT”)
publicly noted its concern at “the large number of complaints from both non-governmental organizations
and international agencies or commissions indicating that torture is being used extensively in connection
27
with the investigation of acts of terrorism and that those responsible are going unpunished.” In
September 1998, the CAT reiterated its concern at the frequent reports of torture in Peru and stated that
the eradication of the practice was hampered by the involvement of military and civilian judicial officials
whose identities were kept secret in proceedings for the crimes of terrorism and treason against the
28
fatherland.
68.
In June 2000, the CAT again expressed it concern at the use of incommunicado
detention for terrorism suspects, “the automatic penalty of at least one year of solitary confinement [...] for
anyone convicted of a terrorism offence,” and “the apparent lack of effective investigation and prosecution
29
of those who are accused of having committed acts of torture.”
69.
According to the CVR’s Final Report, 75% of the 6,443 cases of torture and cruel,
inhuman, or degrading treatment reported between 1980 and 2000 were attributed to officials of the State
30
or to individuals acting with its acquiescence. The report indicates that between 1983 and 1997, state
agents engaged in the systematic and generalized use of torture, which thus became a crime against
31
humanity:
While the use of torture in interrogations or undue arrests had been frequent in combating common
crime, the practice grew to massive levels as part of the counterinsurgency effort. Against a
backdrop of widespread violence and permanent tension, police officers resorted to torture as one
32
of the most effective tools for obtaining information and evidence in interrogations.
70.
Based on testimony from victims of torture at police facilities during the period in
question, the CVR identified the following modus operandi: (i) violent arrest, followed by a raid on the
detainee’s home, (ii) transfer of the detainee to a detention center, with violence during the journey, (iii)
either the detainee or was blindfolded, or his assailants would keep their faces covered and use assumed
25
IACHR, Annual Report of the Inter-American Commission on Human Rights 1996, Chapter V, Human Rights
Developments in the Region, Peru, Section II, The State of Emergency, para. 7, and Section VIII, Recommendations, para. 1.b,
available at: www.cidh.oas.org/annualrep/96span/IA1996CapV4.htm.
26
I/A Court H. R., Loayza Tamayo Case, Judgment of September 17, 1997, Series C No. 33, para. 46; and Cantoral
Benavides Case, Judgment of August 18, 2000, Series C No. 69, para. 63.
27
Office of the United Nations High Commissioner for Human Rights, Compilation of Concluding Comments of the
Committee against Torture on countries of Latin America and the Caribbean (1988-2005), Chapter 14, Peru, Report on the 40th
Session, Supplement No. 44 (A/50/44), July 26, 1995, para. 67, available at: www2.ohchr.org/english/bodies/cat/docs/CATLibro.pdf.
28
Office of the United Nations High Commissioner for Human Rights, Compilation of Concluding Comments of the
Committee against Torture on countries of Latin America and the Caribbean (1988-2005), Chapter 14, Peru, Report on the 53rd
Session, Supplement No. 44 (A/53/44), September 16, 1998, paras. 202 (a), (b), (c), and (e). Available at
www2.ohchr.org/english/bodies/cat/docs/CATLibro.pdf.
29
Office of the United Nations High Commissioner for Human Rights, Compilation of Concluding Comments of the
Committee against Torture on countries of Latin America and the Caribbean (1988-2005), Chapter 14, Peru, Report on the 55th
Session, Supplement No. 44 (A/55/44), June 20, 2000, paras. 59 (c), (e), and (f). Available at
www2.ohchr.org/english/bodies/cat/docs/CATLibro.pdf.
30
Final Report of the CVR, 2003, Vol. VI, 1.4 Torture and Cruel, Inhuman, or Degrading Treatment, p. 183, available at:
www.cverdad.org.pe/ifinal/index.php.
31
Final Report of the CVR, 2003, Vol. VI, 1.4 Torture and Cruel, Inhuman, or Degrading Treatment, pp. 212 and 258,
available at: www.cverdad.org.pe/ifinal/index.php.
32
Final Report of the CVR, 2003, Vol. II, 1.2 The Police Forces, p. 234, available at www.cverdad.org.pe/ifinal/index.php.