8
mechanism to discourage the population from maintaining its sympathy toward, tolerance of, or
13
coexistence with the subversive groups.”
39.
The CVR concluded that the main objectives of the forced disappearances were: (i) to
obtain information about subversives and people under suspicion; (b) to eliminate subversives and their
sympathizers with impunity; and (c) to intimidate the populace and force them to side with the security
14
forces. The periods when the greatest number of such incidents took place were the two years from
1983 to 1984 and the five-year period from 1989 to 1993. According to the CVR, although the second
period “did not match the levels reached during 1983 and 1984, the use of forced disappearances as a
way of eliminating members or suspected members of subversive organizations was much more
15
systematic.”
40.
The CVR reported that the modus operandi of the state agents was:
the selection of the victim, arrest of the person, detention in a holding facility, subsequent transfer
to another detention center, interrogation, torture, processing the information obtained, the decision
to eliminate, physical elimination, disappearance of the victim’s remains, use of state resources.
The common denominator throughout the process was the denial of the initial arrest and a refusal
16
to provide any information about what had happened to the detainee.
41.
With reference to the investigations into complaints of forced disappearances committed
during the internal armed conflict, the CVR concluded that “most of the cases were followed by a lack of
action or timid and ineffective actions on the part of the judiciary and the Public Prosecution Service.”17
According to the CVR, this context of impunity surrounding crimes committed by members of the security
forces worsened after President Alberto Fujimori’s coup d’état of April 5, 1992, on account of “clear
interference in the judiciary through massive dismissals of judges, temporary appointments, the creation
of administrative agencies that were unconnected to the structure of the judicial system, and the lack of
18
action on the part of the Constitutional Court.”
42.
In a January 1998 report, the United Nations Working Group on Enforced or Involuntary
Disappearances noted that:
The vast majority of the 3,004 cases of disappearances reported in Peru occurred between 1983
and 1992, in the context of the Government’s struggle against terrorist organizations, particularly
Shining Path. In late 1982, the armed forces and the police embarked on a counterinsurgency
campaign and the armed forces received a broad margin of discretion in combating Shining Path
and restoring law and order. Although most of the reported disappearances took place in areas of
the country that were in a state of emergency and under military control, particularly the regions of
Ayacucho, Huancavelica, San Martín, and Apurímac, disappearances also occurred in other parts
19
of Peru (...).
13
of
the
CVR,
Vol.
VI,
1.2.
Forced
Disappearances,
p.
85,
available
at
14
Annex 12: Final Report
www.cverdad.org.pe/ifinal/index.php.
of
the
CVR,
Vol.
VI,
1.2.
Forced
disappearances,
p.
70,
available
at
15
Annex 12: Final Report
www.cverdad.org.pe/ifinal/index.php.
of
the
CVR,
Vol.
VI,
1.2.
Forced
Disappearances,
p.
78,
available
at
16
Annex 12: Final Report
www.cverdad.org.pe/ifinal/index.php.
of
the
CVR,
Vol.
VI,
1.2.
Forced
Disappearances,
p.
84,
available
at
17
Annex 12: Final Report
www.cverdad.org.pe/ifinal/index.php.
of
the
CVR,
Vol.
110,
available
at
Annex 12: Final Report
www.cverdad.org.pe/ifinal/index.php.
VI,
18
Annex 13: Final Report of the CVR, Vol. VIII,
www.cverdad.org.pe/ifinal/index.php.
1.2.
Forced
Disappearances,
p.
General Conclusions, paras. 123-131, available at
19
Annex 14. Report of the Working Group on Enforced or Involuntary Disappearances, Document UN E/CN.4/1998/43,
January 12, 1998, para. 297, available at www2.ohchr.org/spanish/issues/disappear/annual.htm.