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fear of reprisal. The witness mentioned certain cases of torture and self-incrimination
or “coerced confessions” which she covered as a journalist.
The National
Coordination Office for Human Rights stated in a report that torture had been
practiced on a systematic basis for the 10 last years. “We have gathered 4,601
complaints in the last ten years, and 3,868 people detained for terrorism or treason
against the fatherland have been tortured.” In violation of the United Nations
Standard Minimum Rules for the Treatment of Prisoners, the anti-terrorism laws
created very harsh prison conditions for those being held for terrorism and treason
against the fatherland. There were many cases of people being detained and tried
under the anti-terrorism laws who later were found to be innocent; in an attempt to
right this situation, a law was passed creating the ad hoc Commission charged with
studying the proposed pardons submitted to the President of the Republic. In her
opinion, this law was not an effective solution, since it did not even call for the
financial compensation of those pardoned.
c.
Testimony of Pedro Telmo Vega-Valle, co-defendant of Luis
Alberto Cantoral-Benavides.
He was convicted in Peru for the crime of treason against the fatherland. He was
detained at his home by members of the DINCOTE on January 9, 1993, because they
had linked him to the Sendero Luminoso terrorist organization. He was taken to
DINCOTE, where he was held for 27 days. While there, he was held incommunicado,
and spoke with a lawyer for the first time 15 days after his detention. He was
interrogated and taken to the beach, where he was stripped and subjected to what is
known as the “palanca.” In this maneuver, “the detainee is forced to lie facing
down. The hands are then forced over the head, pushing the face into the sand.
Next, they wrapped him in blankets like a mummy and put him in the ocean in an
attempt to drown him.” They beat him until he lost consciousness. When he gave
his statement to the police, he could not denounce the torture because he was only
permitted to answer the questions asked of him.
On January 15, 1993, he was brought before the press wearing a striped prison
uniform and accused of being a criminal. He was tried by the Naval Tribunal for the
crime of treason against the fatherland and sentenced to 30 years, under the same
judgment in which Luis Alberto Cantoral-Benavides was convicted. After being at
DINCOTE, he was transferred to the veterinary section of the Army base in
Chorrillos, and held in what essentially were stalls for horses and pens for dogs,
where he remained for some ten days. Next, he was taken to the holding cells at the
Palace of Justice of Lima, where he was held for four months and met Luis Alberto
Cantoral-Benavides and his twin brother, Luis Fernando.
Subsequent to his
conviction, he was transferred to the Cristo Rey prison in Cachiche, Ica, along with
Luis Alberto Cantoral-Benavides. Under a judgment rendered on August 10, 1993,
the Supreme Council of Military Justice ordered his release, which took place on
August 25, 1993. After his release, the same judge that had ordered his release,
summoned him. He was detained on September 8, 1993. He was taken to the
Rospigliosi Castle and then to the DINCOTE, and from there to the holding cells at
the Palace of Justice of Lima, where he remained for three or four months. An
attorney from the Ecumenical Foundation for the Development of Peace (hereinafter
FEDEPAZ) filed a writ of habeas corpus on his behalf and that of two other people,
which was studied by a judge named Elba Greta Minaya-Calle and rejected. He was
tried again for the same facts in the regular jurisdiction. He was acquitted in both
jurisdictions and released on January 28, 1998, based on a judgment rendered by
the Supreme Court of Peru. He received no compensation whatsoever for his