59
92.
The events in La Cantuta and the systematic practice were favored by the
generalized scenario of impunity of the then prevailing severe violations of human rights,
fostered and tolerated by the absence of civil liberties and the inefficacy of legal institutions
to cope with the said systematic violations of human rights. The CVR confirmed the
“discontinuance of democratic institutions affecting the country by means of the overt
intervention in the work of the Judiciary, the Constitutional Tribunal, the Public Ministry and
other constitutional bodies,” pursuant to which the actions of the so-called National
Emergency and Reconstruction Government “indeed neutralized the political and judicial
control over their acts.”89 The adoption of distinct legal mechanisms and factual situations
worked together to hamper investigations and to foster or activate that state of impunity,
for example, the delegation of investigations of such facts to military courts (below paras.
137-45); the removal of several judges and prosecutors of all levels, as ordered by the
90
Executive; and the enactment and enforcement of amnesty laws (below paras. 165-89).
This has a close bearing with the duty to investigate cases of extra-legal executions, forced
disappearance and other severe violations of human rights (below paras. 110-2).
93.
In this regard, the CVR’s final report pointed out that the Judiciary failed to comply
adequately with its mission to eradicate the impunity of State agents who used to commit
severe human right violations —a failure which contributed to that situation; in addition, the
courts refrained themselves from trying members of the armed forces accused of those
offenses, systematically loosing each conflict of jurisdiction over the competence of military
courts, where the issues remained unpunished. This situation “worsened after the 1992
coup d’etat,” owing to a “clear interference with the Judiciary, by means of group dismissals
of magistrates, provisional designations and the creation of competent bodies alien to the
judicial system structure, apart from the inoperativeness of the Constitutional Tribunal.” 91
Other generalized practice corroborated by the CVR was that the “jurisdictional bodies did
not protect the rights of citizenship, as they disallowed writs habeas corpus,” and that the
Public Ministry failed to comply with its duty to investigate crimes adequately due to its lack
of independence from the Executive.92
[…] the criminal organization that over the last decade controlled the main institutions of the state-power
apparatus […] established a clandestine repression system under which parallel or illegal procedures were
implemented so as to face those considered to be associated with terrorist organizations or suspected of
being members of the Communist Party of Perú (generally known as “Shining Path”) and of the Tupac
Amaru Revolutionary Movement (generally known as “MRTA”).
[…] Because of their severity, scale, generalized systematic nature, the still unclear number of fatal
victims of the events, together with the set of adversely affected legal rights and interests, such criminal
events call for their classification as crimes against humanity (outrageous acts condemned by the civilized
word, wrongdoings against the conscience that human beings have today of their own condition), and
their perpetrators, as true enemies against human race or enemies common to all mankind.
89
Cf. Final Report of the Truth and Reconciliation Commission, 2003, Section I, Chapter 4, “The Legal
Dimension of the Events,” p. 242.
90
Cf. Report of the Special Relator in charge of the issue of independence of judges and attorneys, Mr.
Param Cumaraswamy. Addition to Report of the Mission in Perú E/CN.4/1998/39/Add.1, February 19, 1998, paras.
17-20).
91
Cf. Final Report of the Truth and Reconciliation Commission, 2003, General Conclusions, Section VIII,
paras. 123-31, p. 336.
92
Cf. Final Report of the Truth and Reconciliation Commission, 2003, General Conclusions, Section VIII,
paras. 123-31, p. 337.
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