such as DINTE Maj. Gen. Juan Rivero Lazo or Head of Special Operations Col. Navarro
Pérez Federico Augusto.1
25. The petitioner reports that on June 14, 1995, in predawn hours and unexpectedly, the
ruling party bloc in Congress passed Law No. 26479, which granted amnesty to military,
police, and civilian personnel involved in human rights violations committed between 1980 and
the date of the law’s enactment. This legislation was enacted by the President of the Republic
later that same day.
26. The petitioner claims that, according to Article 1 of this law, the amnesty covered all
soldiers, police officers, and civil servants being charged, punished, tried, judged, or convicted
for civilian or military crimes under either civilian or military law. Article 3 ordered the
immediate release of all such persons under arrest, in detention, in prison, or facing jail terms.
Article 6 ordered the permanent filing of all legal proceedings, regardless of whether they were
still being processed or whether a sentence had already been handed down, and placed a ban
on fresh investigations into the allegations of those proceedings. Law No. 26479, the amnesty
law, was immediately applied by the Supreme Council of Military Justice, which on July 15,
1995, ordered the release of all the individuals convicted for the La Cantuta killings.
27. On June 28, 1995, the petitioner reports, the government’s congressional majority passed
Law No. 26492, the poorly titled interpretation law of the amnesty law, with which it assumed
powers belonging to other branches of government, interfered with the administration of
justice, and expanded the grounds for amnesty. This second law declared that the amnesty
law neither interfered with the functioning of the courts nor undermined the State’s obligation
of respecting and guaranteeing full observance of human rights. Article 2 imposed a ban on
judicial review, thus preventing those believing that their rights have been violated from
seeking defense through the courts. The second law extended the amnesty to all soldiers,
police officers, and civil servants, regardless of whether or not a complaint had been formally
made.
B.
The State’s Position
28. On October 8, 1992, the State claimed it was waiting for information from the Ministry of
Defense and the public prosecutor’s office, and told the Commission that the Ministry of Justice
had stated that:
. . . According to the report from the Office of the Attorney General with regard to the
provisions of Article 5 of Law No. 25592, the complaints about the alleged disappearance
of Hugo Muñoz Sánchez, Dora Oyague Fierro, and Juan Marinos Figueroa were recorded
as events occurring in Lima on 18 July last; the Peruvian Army is suspected of being
responsible and to date has been under investigation. The citizens Bertila Lozano Torres,
Roberto Teodoro Espinoza, Marcelino Rosales Cárdenas, Felipe Flores Chipana, Luis
Enrique Ortiz Perea, Armando Amaro Condor y Heráclides Pablo Meza do not appear in
that report; consequently, my office has decided to serve notice on the Department of
Public Prosecutions to keep it informed and for other issues of its competence.
29. On November 4, 1992, the State informed the Commission that the Ministry of Defense
had reported, after concluding its investigations, that "the aforesaid citizens have in no way
been detained or arrested by members of the military." The State added that according to the
National Police, on July 18, 1992 no police operation had been carried out at La Cantuta
National University, that a criminal court had declared groundless a habeas corpus suit brought
on behalf of Dora Oyague Fierro, and that the Armed Forces Joint Command stated that a
provincial prosecutor from Lima who conducted an on-site inspection of a hill near the
aforesaid university found no human remains that would point to the commission of the crime
under investigation.
1 Extract published in La República newspaper, Lima, May 7, 1993, p. 5.
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