20
treason and terrorism. 47 In this regard, numerous reports prepared by different domestic and
international sources note this practice, and also the systematic and generalized practice of
torture over the period from 1993 to 2001, as follows:
a) The Inter-American Commission in its 1993 Report on the Situation of Human Rights in
Peru indicated that “the violations of the right to life are frequently preceded by
mistreatment and torture, generally aimed at forcing the victims to make self-incriminating
confessions, to get those victims to provide information on subversive groups, or to create
the kind of fear among the people that will deter them from collaborating with such
groups.” 48 Also, in its 1996 Annual Report, it indicated that “some judgments are based
exclusively on confessions extracted during police interrogations, by the use of torture.” 49
b) In 1995, the United Nations Committee against Torture expressed its concern owing to
“the large number of complaints from both non-governmental organizations and
international agencies or commissions indicating that torture is being used extensively in
connection with the investigation of acts of terrorism and that those responsible are going
unpunished.” In 1998 and 2000, the Committee again expressed its concern owing to “the
frequent and numerous allegations of torture.” 50 Also, in 2001, it indicated that “the large
number of complaints of torture, which have not been refuted by the information provided
by the authorities, and the similarity of the cases, in particular the circumstances under
which persons are subjected to torture and its objectives and methods, indicate that
torture is not an occasional occurrence but has been systematically used as a method of
investigation.” It also indicated that “[a]spects such as the extension of the armed forces’
powers of detention, the length of pre-trial detention, incommunicado detention in police
custody, the weakening of the role of the Public Prosecutor’s Office in conducting police
investigations and ensuring respect for the rights of detainees, the probative value given to
police reports, the limitations on the habeas corpus procedure and on legal assistance to
detainees, and the poor medical follow-up of persons detained are matters of particular
concern to the Committee members and should be the subject of corrective legislation.
The existence of the 1998 legislation leads the Committee members to conclude that
torture has been occurring with the authorities’ acquiescence.” 51
c) In its 2003 report, the CVR underscored that torture and cruel, inhuman or degrading
treatment or punishment had become an instrument in the fight against insurgency, and that
is purpose was to extract information from detainees suspected of belonging to a subversive
organization, either to organize operations against that group or as input for criminal
proceedings by self-incrimination or accusations against others. The CVR concluded that
“torture and other cruel, inhuman or degrading treatment or punishment constituted a
systematic and generalized practice in the context of the fight against insurgency.” It
indicated that torture was frequent on police premises, such as the DINCOTE headquarters,
47
Cf. Case of Loayza Tamayo v. Peru. Merits, supra, para. 46.l), and Case of Cantoral Benavides v. Peru. Merits.
Judgment of August 18, 2000. Series C No. 69, paras. 63.t) and 93.
48
IACHR, Report on the Situation of Human Rights in Peru, OEA/Ser. L/V/II.83, Doc. 31, March 12, 1993, Section
I. Background, C. Human rights problems identified by the Commission (evidence file, folio 1896).
49
IACHR, Human rights developments the region, Peru, Section ll (evidence file, folio 1904).
50
United Nations. Office of the United Nations High Commissioner for Human Rights, Compilación de
observaciones finales del Comité contra la Torture sobre países de América Latina y el Caribe (1988-2005); Report on
the fifty-fifth session, Supplement No. 44 (A/55/44), 20 June 2000, p. 212; Report on the fifty-third session,
Supplement No. 44 (A/53/44), 16 September 1998, p. 215, and Report on the fiftieth session, Supplement No. 44
(A/50/44), 26 July 1995, p. 217 (evidence file, folios 1940, 1943 and 1945).
51
United Nations. Committee against Torture. Summary account of the results of the proceedings concerning the
inquiry on Peru under Article 20: 05/2001. A/56/44, paras. 163 and 164 (evidence file, folios 2557 and 2558).