48
promoting police officers who got detainees to apply for the Repentance Law, make self-incriminating statements
167
and inform on or finger third parties.
213.
From the facts established the Commission notes that on October 16 and 19, 1994, the then
president of the Republic, Alberto Fujimori, made statements to the press in which he accused a number of people
–Mr. Galindo among them- of having ties with the Sendero Luminoso. He also claimed that they had asked to avail
themselves of the benefits of the Repentance Law (which ceased to have effect on November 1, 1994). His
purpose was to demonstrate how the Sendero Luminoso had infiltrated the upper echelons of the Judicial Branch.
The Commission notes that during the time that Mr. Galindo was deprived of his liberty, prosecutorial decisions
were issued on November 4 and 9, 1994, granting Mr. Galindo the exemption from punishment under the
Repentance Law. The supposed beneficiary of the exemption was not notified of these decisions, and has
consistently maintained that he never applied for the Repentance Law.
214.
Furthermore, the Commission notes that while the November 4 decision indicates that one of
the alleged terrorists identified by Mr. Galindo had also applied for the Repentance Law, it does not specify
whether the application came before or after Mr. Galindo’s detention.
215.
Given the circumstances and from the facts established, the Commission notes that the purpose
of Mr. Galindo’s 31-day detention was to get him to apply for the Repentance Law, and to that end, to break down
his will, which was why he was initially held incommunicado and was not informed of the reasons for his detention
or of the charges he was facing; he was put beyond the reach of the law (as no judge was informed of his
detention) and beyond any jurisdictional control over his detention (as the Huánuco Pasco Superior Court was not
provided the information it had requested), in a context in which the police and military forces used torture
against persons suspected of being members of or collaborating with outlaw groups.
Through reports on in loco visits and follow-up reports on the situation of human rights in Peru, the IACHR
established that during the internal armed conflict in Peru, the police and military forces used torture
168
against persons suspected of being members of or collaborating with insurgent groups. The Commission
found that during that period various criminal cases for terrorism and treason were prosecuted using police
169
statements obtained through torture and coercion.
The Inter-American Court, for its part, has taken as
fact that the general context in Peru in 1993 was one in which police investigations for treason and
170
terrorism were conducted through the use of torture and other cruel, inhuman and degrading treatment.
In July 1995, the United Nations Committee against Torture made public its concern over the existence of so
many complaints, coming from non-governmental organizations and international bodies or commissions,
reporting the widespread practice of torture in the investigation of terrorist acts and the impunity that the
171
torturers enjoyed.
167
Final Report of Peru’s Truth and Reconciliation Commission, 2003, Volume II, 1.2 The Police Forces, page 232, available [in
Spanish] at www.cverdad.org.pe/ifinal/index.php.
168
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,
paragraphs
18
and
19,
available
at
http://www.cidh.org/countryrep/Peru93eng/background.htm#C. Human rights problems identified by the Commission.
169
IACHR, Annual Report of the Inter-American Commission on Human Rights 1996, Chapter V, Human Rights Developments in the
Region, Peru, Section II, The State of Emergency, paragraph 7, and section VIII. Recommendations, paragraph 1(b). Available at:
http://www.cidh.org/annualrep/96eng/chap.5c.htm.
170
I/A Court H.R., Case of Loayza Tamayo. Judgment of September 7, 1997. Series C No. 33, paragraph 46, and Case of Cantoral
Benavides. Judgment of August 18, 2000. Series C No. 69, paragraph 63..
171
Report of the Committee against Torture, Office of the United Nations High Commissioner for Human Rights, Compilación de
observaciones finales del Comité contra la Tortura sobre países de América Latina y el Caribe (1988-2005) [available in Spanish only], Chapter
14. Peru, Report on the 40th Session. Official Records of the Fiftieth Session, Supplement No. 44 (A/50/44), July 26, 1995, paragraph 67,
available at: http://www.un.org/documents/ga/docs/50/plenary/a50-44.htm