32
Systematic and Generalized Practices of Illegal and Arbitrary Detentions, Torture,
Extra-legal Executions and Forced Disappearances during the time the events of the
instant case took place.
80(1) Arbitrary executions were a systematic practice carried out in the backdrop of the
contra-subversive strategy of State agents, especially during the hardest times of the
conflict (1983-1984 and 1989-1992).
80(2) The Truth and Reconciliation Commission of Perú (hereinafter, “CVR”, for its acronym
in Spanish) concluded that during the period 1989-1992 said practice of arbitrary executions
spread to a great part of the national territory, they were more selective and were carried
out in combination with other forms of elimination of persons who were suspected of
participating, co-operating or sympathizing with subversive organizations, such as the
17
forced disappearance of persons.
80(3) The arbitrary execution procedure used by government officials generally consisted
of the identification of the victim, and his/her detention, either at home, in a public place, at
road control posts, during raids or when the victim contacted a public agency. Generally,
detentions were violently carried out by so many hooded, armed persons that they could
break any resistance. Victims detained at home or at a road control post had been
previously identified and trailed during some time. Afterwards, the victim was transferred to
a public, police or military premises, where he/she was interrogated and tortured. The
information thus obtained was processed “for military purposes” and they decided if the
person was released, arbitrarily executed or if he/she would be kept as a "missing" person
without leaving any trace.18
80(4) Regarding the forced disappearances implemented during the time the events of the
instant case took place, the CVR concluded that said practice “was a mechanism to fight
subversion that was systematically used by Government agents from 1988 to 1993 [… and
that] was extended to great part of the national territory,” The CVR further found that
"between years 1988 and 1993, the rate of fatal victims of this practice was about 65-75%
of the cases" and that "members of the Armed Forces are attributed the major rate (over
60%) of victims of forced disappearance caused by government agents.”19
80(5) The modus operandi of forced disappearances was similar to that of arbitrary
executions. The CVR explained in detail the stages of this complex practice: “selection of the
victim, detention, deposit of the victim in a detention center, contingent transfer to other
detention center, interrogation, torture, processing of the data obtained, decision to
eliminate the victim, physical elimination, concealment of victim´s remains and use of State
resources.” The common denominator in the whole process was “the denial of the detention
17
Cf. Final Report of the Truth and Reconciliation Commission, 2003, Volume VI, Patrones en la Perpetración
de los Crímenes y Violaciones a los Derechos Humanos (Patterns of Crimes and Violations of Human Rights), p.
115.
18
Cf. Final Report of the Truth and Reconciliation Commission, 2003, Volume VI, Patrones en la Perpetración
de los Crímenes y Violaciones a los Derechos Humanos (Patterns of Crimes and Violations of Human Rights), p114.
19
Cf. Final Report of the Truth and Reconciliation Commission, 2003, Volume VI, Patrones en la Perpetración
de los Crímenes y Violaciones a los Derechos Humanos (Patterns of Crimes and Violations of Human Rights), pp. 79
to 81.
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