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.