60
197(4)
The Commission for Truth and Reconciliation was made up by twelve
persons of Peruvian nationality, “of a well-known ethical trajectory, prestige, and
legitimacy in society and identified with the defense of democracy and constitutional
institutionality,” an observer, and a deputy secretary, appointed by the President of
the Republic, with the approving vote of the Cabinet, through Supreme Ruling 4382001-PCM of September 6, 2001, approved by the President of the Cabinet.26
197(5)
The CVR received thousands of accusations regarding acts of torture
and cruel, inhuman, or degrading treatments or punishments produced during the
period between 1980 and 2000. In its final report it states that of 6,443 acts of
torture and cruel, inhuman, or degrading treatments or punishments registered by
said body, 74.90% corresponded to actions attributed to State officials or people that
acted under its authorization or acquiescence, and 22.51% corresponded to the PCP
subversive group- Sendero Luminoso. Likewise, the CVR expressed, in its final
report, that “the forceful disappearance of people was […] one of the main
mechanisms of counter-subversive fighting employed by State agents, acquiring the
characteristics of a systematic or generalized practice.” “Of the total of victims
reported to the CVR as executed or whose whereabouts continue to be unknown due
to responsibility of State agents, 61% were victims of forced disappearances.”27
197(6)
The CVR in its final report, in the chapter called “The cases
investigated by the CVR”, dedicated a section to the events occurred in the Miguel
Castro Castro Prison titled “The extrajudicial killings in the criminal center Canto
Grande.”28
197(7)
On July 20, 2005 Peru enacted Law N° 28592, which created the
National Comprehensive Plan of Reparations (hereinafter PIR), with the purpose of
“establishing the Legislative Framework of the Comprehensive Plan of Reparations –
PIR for the victims of the violence occurred during the period of May 1980 through
November 2000, pursuant to the conclusions and recommendations of the Report of
the Commission for the Truth and Reconciliation.” On July 6, 2006 the Bylaws of the
mentioned Law N° 2859229 were approved.
The criminal centers and the armed conflict
197(8)
In the final report issued by the CVR it established that “during the
years of political violence, [the prisons] were not only areas for the imprisonment of
26
Cfr. Supreme Ruling 438-2001-PCM of September 6, 2001 (evidence to facilitate adjudication of
the case included by the Inter-American Court pursuant to Article 45(1) of its Rules of Procedure).
27
Cfr. Final Report of the Commission for Truth and Reconciliation, CVR, issued on August 27, 2003
in the city of Lima, Peru, Volume VI, Forced Disappearance of Persons by State Agents, sections 1(2) and
1(4), pages 73 and 171 (dossier of appendixes to the petition, appendix 6, corresponding to a compact
disc).
28
Cfr. Final Report of the Commission for Truth and Reconciliation, CVR, issued on August 27, 2003
in the city of Lima, Peru, Volume VII, section 2(68), Extrajudicial killings in the criminal center Canto
Grande, pages 769 to 787 (dossier of appendixes to the petition, appendix 6, corresponding to a compact
disc).
29
Cfr. Law No. 28592 that creates the National Plan of Reparations (dossier on merits and eventual
reparations and costs, volume IX, folios 2741 through 2755); and Supreme Decree No. 015-2006-JUS that
approves the Regulations to Law No. 28592 (on merits and possible reparations and costs, volume IX,
folio 2745).