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 On February 21, 1998, Decree-Law No. 25,592 was repealed by Law No. 26,926, which incorporated Title XIV-A concerning “Crimes against Humanity” to the Penal Code.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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