59
197(1)
During the period that goes from the beginning of the eighties until the
end of the year 2000, Peru lived a conflict between armed groups and agents of the
police force and the military. This conflict got worse in the midst of a systematic
practice of violations to human rights, among them extrajudicial killings and forced
disappearances of people suspected of belonging to armed groups that existed on
the fringe of the law, such as Sendero Luminoso (hereinafter SL) and the
Revolutionary Movement Tupac Amarú (hereinafter MRTA), all practices carried out
by state agents following orders given by military and police leaders.21
197(2)
On July 28, 1990 Mr. Alberto Fujimori Fujimori was sworn in as
President of Peru, pursuant to the Peruvian Political Constitution of 1979, for a fiveyear term. Article 205 of said Constitution does not permit immediate presidential
reelection. On April 6, 192 President Alberto Fujimori Fujimori enacted Decree Law
N° 25418, with which he temporarily established the so-called “Emergency and
National Reconstruction Government.” Said government dissolved the Congress and
the Court of Constitutional Guarantees, it intervened the Judicial Power and the
Public Prosecutors’ Office22 and it removed several judges from the Supreme Court of
Justice.23
The Commission for Truth and Reconciliation
197(3)
With relation to the events occurred during the two decades of
violence, the State, through Supreme Decree No. 065-2001-PCM of July 4, 2001,
modified by Supreme Decree No. 101-2001-PCM, both issued by the President of the
Republic, created a Commission for Truth and Reconciliation (hereinafter CVR) with
the objective of clarifying the process, facts, and responsibilities of terrorist violence
and the violation of human rights that occurred from May 1980 until November 2000,
attributable both to terrorist organizations and State agents, as well as the proposal
of initiatives destined to strengthening the peace and harmony between Peruvians.24
Said Commission issued its Final Report on August 27, 2003.25
21
Cfr. Case of Baldeón García. Judgment of April 6, 2006, Series C No. 146, para. 72(2); Case of
the Gómez Paquiyauri Brothers. Judgment of July 8, 2004, Series C No. 110, para. 67(a); Case of Cantoral
Benavides. Judgment of August 18, 2000. Series C No. 69, para. 63; Case of Castillo Páez. Judgment of
November 3, 1997. Series C No. 34, para. 42; and Case of Loayza Tamayo. Judgment of September 17,
1997. Series C No. 33, para. 46.
Likewise, cfr. Final Report of the Commission for Truth and
Reconciliation, CVR, issued on August 27, 2003 in the city of Lima, Peru. Patterns in the perpetration of
crimes and violations to human rights, pages 93, 115, 139, and 167 (dossier of appendixes to the petition,
appendix 6, corresponding to a compact disc); Inter-American Commission on Human Rights, Report on
the situation of human rights in Peru of 1993, Document OEA/Ser.L/V/II.83.Doc.31, March 12, 1993;
Report on the situation of torture in Peru and other cruel, inhuman, or degrading treatments or
punishments of the National Coordinator of Human Rights of Peru of January 1992 to September 1994;
and annual report of 1993 of the National Coordinator of Human Rights of Peru.
22
Cfr. Case of Huilca Tecse. Judgment of March 3, 2005. Series C No. 121, paras. 60(6) and 60(8);
and Decree Law No. 25418 of April 6, 1992 (evidence to facilitate adjudication of the case included by the
Inter-American Court pursuant to Article 45(1) of its Rules of Procedure).
23
56(1).
Cfr. Case of the Constitutional Court. Judgment of January 31, 2001. Series C No. 71, para.
24
Cfr. Case of Baldeón García, supra note 21, paras. 72(1) and 72(2); and Supreme Decree N°
065-2001-PCM, Article 1 (evidence to facilitate adjudication of the case included by the Inter-American
Court pursuant to Article 45(1) of its Rules of Procedure).
25
Cfr. Final Report of the Commission for Truth and Reconciliation, CVR, issued on August 27, 2003
in the city of Lima, Peru (dossier of appendixes to the petition, appendix 6, corresponding to a compact
disc).