28
e)
Domestic legislation on forced disappearance of persons
54.28. Article 323 of the 1991 Peruvian Penal Code described the conduct
punishable as forced disappearance of persons in the following terms:
Any public official or servant who deprives any person of their liberty by either ordering
or carrying out actions for the disappearance of any such person shall be sentenced to no
less than fifteen years’ imprisonment and punished by disqualification. 42
54.29. On May 6, 1992, within the framework of the new anti-terrorism legislation
adopted in Peru during the administration of President Alberto Fujimori, Decree-Law
No. 25.475 was passed, wherein Article 22 expressly abrogated, among others,
Article 323 of the Peruvian Penal Code 43(supra para. 54.28).
54.30. Later, on July 2, 1992, a few days before Mr. Gómez-Palomino was
abducted, Decree-Law No. 25.592 was promulgated, wherein the crime of forced
disappearance of persons was reinstated in the following terms:
Article 1: Any public official or servant who deprives any person of their liberty by either
ordering or carrying out actions leading to the duly proven disappearance of any such
person, shall be punished by imprisonment for not less than fifteen years and
disqualification from office, pursuant to Article 36(1) and (2) of the Criminal Code.44
54.31. On February 21, 1998, Decree-Law No. 25,592 was repealed by Law No.
26,926, which incorporated Title XIV-A concerning “Crimes against Humanity” to the
Penal Code. Article 320 of said law describes the crime of forced disappearance.45
The aforementioned Article 320 of the Penal Code, still effective in Peru as of the
date hereof, uses the same conduct description as Decree-Law No. 25,529, Article 1
(supra para. 54.30).
54.32. Law No. 27.837 entered in force on October 4, 2002, creating the Comisión
Especial Revisora del Código Penal (Penal Code Special Review Commission) in
order for this Commission to “review the text of the Penal Code, as modified, and its
conformity with the crimes established under the Rome Statute of the International
Criminal Court, ratified by Peru, and under other international instruments, for the
purpose of preparing a ‘Draft Bill for the Reform of the Penal Code’ regarding such
articles as it may be deemed pertinent to modify. To that effect, the Commission
shall have powers to coordinate efforts with any sector, institution or person
faith and credit by Mrs. María Pilar Raffo-Lavalle de Quiñones on August 29, 2005 (file on the merits,
reparations and costs, Volume II, pages 493 to 512).
42
Cf. Article 323, Chapter II on Terrorism, Peruvian Penal Code, enacted on April 3, 1991 (file with
appendixes to the answer to the application, Appendix 4, pages 447 and 448).
43
Cf. Article 22, Decree-Law No. 25,475 of May 6, 1992 (file with appendixes to the answer to the
application, Appendix 5, page 450).
44
Cf. Article 1, Decree-Law No. 25,592 of July 2, 1992 (file with appendixes to the answer to the
application, Appendix 6, page 452).
45
Cf. Article 320, Law No. 26,926 of February 21 1998.
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