13
names to avoid identification, (iv) division of roles among the assailants, with some carrying out the arrest
and others in charge of the interrogation and torture, and (v) the assailants were frequently under the
33
influence of alcohol or drugs.
71.
The CVR reported that police torture followed a pattern consisting of: (i) physically
weakening the victims, forcing them to remain standing or in uncomfortable positions for several hours; (ii)
covering their sight, making them lose their sense of place and time; (iii) insults and threats against the
34
victims, their families, or other people close to them, and (iv) forced nakedness. According to the CVR,
the most common forms of physical torture at the police facilities were punching and blows with blunt
instruments to the abdomen, face, and genitals; plunging the victim into a tank filled with a mixture of
water, chemicals, excrement, and urine; making victims hang with their arms above their heads or behind
35
their backs for lengthy periods; and electric shocks to sensitive parts of the body.
72.
The CVR explained that one of the main objectives of the torture and cruel, inhuman, and
degrading treatment used in the counterinsurgency effort was to “extract information from people
detained on suspicion of belonging to a subversive organization, either to plan operations against the
organization or to secure information for criminal proceedings in the form of self-incriminatory statements
36
or accusations against others.” Several of the CVR’s informants claimed they had been tortured by
police officers and forced to sign blank sheets of paper or self-incriminatory statements in the presence of
37
representatives of the Public Prosecution Service, who did nothing to intervene.
73.
The CVR noted that during the Fujimori administration, the Public Prosecution Service
deferred completely to the executive branch, and that public prosecutors refrained from making charges
against members of the police and military, conducting forensic examinations, or investigating state
38
agents involved in human rights violations.
74.
The organization Human Rights Watch said that this situation of impunity was due to a
range of factors, including: (i) obstruction by officials of the military justice system in complaints against
police officers, (ii) the fragility of judicial independence after April 1992, with increased numbers of
temporary judges and prosecutors subject to pressure from the executive branch, and (iii) the enactment
of the amnesty laws (Nos. 26479 and 26492), which voided all investigations and criminal prosecutions
39
against members of the police or armed forces for actions between May 1980 and June 1995.
2.
The antiterrorist legislation adopted in 1992 and thereafter, and its impact on the
institutionalization of torture and cruel, inhuman, and degrading treatment
75.
On April 5, 1992, President of the Republic Alberto Fujimori Fujimori announced a series
of measures intended to “streamline the process of […] national reconstruction,” “modernize the public
33
Final Report of the CVR, 2003, Vol. VI, 1.4 Torture and Cruel, Inhuman, or Degrading Treatment, pp. 239 to 241,
available at: www.cverdad.org.pe/ifinal/index.php.
34
Final Report of the CVR, 2003, Vol. VI, 1.4 Torture and Cruel, Inhuman, or Degrading Treatment, pp. 242 and 243,
available at: www.cverdad.org.pe/ifinal/index.php.
35
Final Report of the CVR, 2003, Vol. VI, 1.4 Torture and Cruel, Inhuman, or Degrading Treatment, pp. 244 and 245,
available at: www.cverdad.org.pe/ifinal/index.php. Similarly, see: Human Rights Watch, Peru: The Two Faces of Justice, July 1,
1995,
Prosecution
of
Terrorism
and
Treason
Cases,
Interrogation
and
Torture,
available
at:
www.unhcr.org/refworld/docid/3ae6a7ed4.html.
36
Final Report of the CVR, 2003, Vol. VI, 1.4 Torture and Cruel, Inhuman, or Degrading Treatment, p. 214, available at:
www.cverdad.org.pe/ifinal/index.php.
37
Final Report of the CVR, 2003, Vol. VI, 1.4 Torture and Cruel, Inhuman, or Degrading Treatment, pp. 224, 251, and
252, available at: www.cverdad.org.pe/ifinal/index.php.
38
39
Final Report of the CVR, 2003, Vol. III, 2.6 The Judiciary, p. 283, available at www.cverdad.org.pe/ifinal/index.php.
Human Rights Watch, Torture and Political Persecution in Peru, December 1997, Section III, The Institutional Context:
Weakened Safeguards against Torture – Military Justice, and Section V, Court Cases, available at:
www.hrw.org/legacy/spanish/informes/1997/peru.html.