12 have acknowledged responsibility, how can the occurrence of State crimes be denied? 36. One of the most extensive and recent reports of the truth commissions of our times, the Final Report of the Peruvian Truth and Reconciliation Commission (CVR), which covers the period from 1980 to 2000, reveals the tragic results of the so-called “fight against terrorism,” when the initial acts of terrorist groups 51 led the State, wrongfully, to practice the same terrorism. According to the general conclusions of this Final Report, this situation led to the collapse of the rule of law, and to the systematic practice, not only by the terrorist groups but also by the State itself, of torture and cruel, inhuman and degrading treatment, extrajudicial executions, massacres, forced disappearances, prohibition of burials, and massive and grave violations of human rights and international humanitarian law, constituting at times crimes against humanity. 52 37. The aftereffects of this unrestrained situation have been identified by the CVR: injustice, lack of protection, and impunity (with the implosion of the Judiciary and the Legislature, and also the Attorney General’s Office (Ministerio Público), and the authoritarian hypertrophy of the Executive), the painful process of the uprooting and impoverishment of thousands of persons, the virtual impossibility of overcoming the wounds of the past (for example, as a result of the murders of the innocent), the depths of corruption of the autocracy, the profound mistrust in the public authorities, the “moral decomposition,” and the “weakening of the social and institutional tissue.” 53 In summary, to the crimes of terrorist groups are added, on a vast scale, the crimes of the State. 38. And, regrettably, the latter are continually repeated in different latitudes, amidst the manipulation or fabrication of so-called “public (of published) opinion.” The “post-modern” human being seems to have lost his memory and, consequently, State crimes continue to be repeated. Thus, the invasion and occupation of Iraq in 2003, perpetrated by the so-called “coalition” of States, contrary to the Charter of the United Nations and in one of the most flagrant violations of international law of recent decades, has been followed by the killing of innocent people, arbitrary detentions (even in secret prisons), the systematic practice of torture and cruel, inhuman and degrading treatment, and severe and systematic violations of human rights and international humanitarian law, notorious and public and reliably proved, 54 51 . Sendero Luminoso and MRTA. 52 . Comisión de la Verdad y Reconciliación (CVR), Informe Final - Conclusiones Generales, Lima, CVR, 2003, pp. 11-19, and cf. pp. 20, 24 and 26-29. 53 . Ibid., pp. 30 and 34-43. And for a recent evaluation of the implementation of the recommendations of the said Informe Final of the CVR of Peru, cf. Defensoría del Pueblo, A Dos Años de la Comisión de la Verdad y Reconciliación, Lima, DP/Informe Defensorial n. 97, 2005, pp. 17-333. 54 . Cf., very recently, e.g.: United Nations/Committee against Torture, Consideration of Reports Submitted by States Parties under Article 19 of the Convention - United States of America: Conclusions and Recommendations of the Committee against Torture, document CAT/C/USA/CO/2, of 18 May 2006, pp. 1-11; Council of Europe/Parliamentary Assembly - Committee on Legal Affairs and Human Rights, Alleged Secret Detentions in Council of Europe Member States - Memorandum (rapporteur D. Marty), document AS/JUR/2006/03.rev, of January 22, 2006, pp. 1-25; Council of Europe/Parliamentary Assembly - Committee on Legal Affairs and Human Rights, Alleged Secret Detentions and Unlawful Inter-State Transfers Involving Council of Europe Member States - Report (rapporteur D. Marty), document AS/JUR/2006/16/Part II, of June 7, 2006, pp. 1-71.

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