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The medical associations have training programs, in coordination with the
faculties, so that these professionals can reincorporate the labor market. It is
essential to allow them to reincorporate the work they had to give up
involuntarily, and to upgrade themselves academically, so they can treat their
patients. It has not been possible to ensure immediate reincorporation;
physicians have to undergo a stage of updating and training.
In 1990, when the witness was President of the Medical Association of the
Peruvian Social Security Institute, various decrees were issued that adversely
affected social security and an action of unconstitutionality was filed against
them. On the night of April 3, 1992, the witness and others were attacked,
allegedly by soldiers, and all were injured.
Mrs. De La Cruz Flores is being prosecuted for treating a patient who had
injuries to one of his upper members, acting as assistant surgeon. Mrs. De La
Cruz Flores has not acknowledged that she took part in that medical activity.
At that time, the country was traversing a situation when all human rights
were being violated; the so-called “arrepentidos” [repentant terrorism and
treason convicts] accused some individuals in order to win their own freedom.
More than a dozen physicians who have been released were also pinpointed
by this type of accusation. Some had been coerced, under threat that they or
their next of kin would suffer physical harm.
b.
Expert report of Carlos Martín Rivera Paz, lawyer
He is a lawyer and coordinator of the legal area of the Legal Defense
Institute, a human rights organization that has worked in Peru for more than
21 years. He also belongs to the legal working group of the Human Rights
Coordinator. He has been a trial lawyer in many terrorism cases in the
military jurisdiction and before the Judiciary. He has specialized in examining
anti-terrorist legislation and has collaborated in drafting proposals to modify
these laws. He has published various essays on Peruvian anti-terrorist
legislation.
From the early 1980s, Peru had an anti-terrorist legislative framework,
incorporated into the Penal Code in force since 1924. In April 1991, the crime
of terrorism and other categories criminalizing different types of terrorism
were incorporated. After the 1992 coup d’état, the legislation was modified
abruptly, with the creation of a new anti-terrorist legislative framework; its
fundamental qualities and characteristics constituted an emergency criminal
legislation.
In 1992, a series of anti-terrorist laws were adopted: Decree Law No. 25,475,
Peru’s new anti-terrorist law; Decree Law No. 25,499, the new repentance
law for terrorists; Decree Law No. 25,659, which defined the crime of treason
in terrorism cases; Decree Law 25,768, which established the procedure for
cases of treason, and Decree Law 25,744 which expanded the police’s
authority to investigate terrorism cases. These decrees formed the antiterrorist legal framework, and Decree Law No. 25,475 was the core of the
new system.
It was a new system because it regulated the preliminary investigation of a
terrorist act, established a new definition of the crime and of various acts of a