19 documents in Truth and Reconciliation Commission - Peru
The purpose of this Law is to prioritize the humanitarian approach during the search for persons who disappeared during the period of violence 1980–2000, articulating and establishing measures relating to …
The Programa de Acceso a la Justicia Rural - PROJUR has found it appropriate to reissue this book, which documents the process of managing this new Rondas Law and the …
On October 13, 2006, the National Criminal Court issued a ruling in Consolidated Case No. 560-03. This case involved the trial of several dozen murders and acts of sabotage perpetrated …
Since the early 1980s the Peruvian justice system has developed different responses to the phenomenon of terrorism, and for this reason we have seen various types of judicial organization for …
The purpose of this publication is to prevent the loss of certain texts, of varying importance, that can contribute to a better understanding of the criminal response to the phenomenon …
The author makes clear that he personally does not share the widespread idea that any idea is legitimate if it is defended by democratic methods. Nor that every idea is …
The subject we are called to address on this occasion is the crime of terrorism; therefore, we have attempted to develop it comprehensively and generically across its various aspects such …
EDAC, as part of its commitment to the defense of human rights, organized a forum on the new proceedings for terrorism cases. We found that, in the political and judicial …
One of the main problems brought about by the anti-terrorist legislation enacted in 1992 to combat the political violence unleashed by Sendero Luminoso (SL) and the Movimiento Revolucionario Túpac Amaru …
Our country suffered for nearly ten years from what was termed an "Internal War" characterized by the presence of terrorist groups such as the MRTA and Sendero Luminoso — fueled …
This work has been printed in 2 volumes and eight chapters. The first volume covers the first three chapters and deals with the study of Sendero Luminoso from its name, …
The objective of this report is to investigate the specific personal and social characteristics of adolescents tried and/or convicted for the crime of terrorism in our country, and thereby to …
As Dr. Peña Cabrera notes in his book "Traición a la patria y arrepentimiento terrorista," the anti-terrorism legislation — that is, Legislative Decree 046, Laws 24953 and 24651, Legislative Decree …
This publication compiles material produced by an IDS working group between November 1991 and February 1992 in response to the enactment and subsequent congressional debate on the decrees issued by …
This work does not aim to oppose anti-terrorist legislation. The State has an indisputable right to self-defense, and even to resort to violence to guarantee peace and social coexistence; but …
This is an assessment of the Sendero Luminoso phenomenon, which is recognized as the country's foremost problem. We believe that only through analysis of its main and most recent manifestations …
First, the work seeks to define how our current legislation regulates the application of criminal norms when they come into a situation of conflict — what legal doctrine knows under …
Political violence is not a new phenomenon in the history of humanity. Neither are the measures taken by the State (legislative or police) to confront it. What is probably new …
This publication by Amnesty International forms part of Amnesty International's global campaign for the international protection of human rights. It recounts real cases that took place on Peruvian territory in …
Showing 1–19 of 19 documents
The Inter-American Convention on Forced Disappearance of Persons (OAS, 1994) was approved by the Peruvian State through Legislative Resolution 27622 dated January 5, 2000. This convention is part of the international instruments for the protection of human rights ratified by Peru. It was officially published in the Official Gazette El …
The government enacted the so-called 'Cantuta Law', according to which jurisdictional disputes are understood to be resolved with a simple majority. In practice, this paralyzed the new vote on jurisdiction in the La Cantuta case and the case went directly to military jurisdiction, favoring the impunity of those responsible.
On November 26, 1992, Decree Law 25880, the law on the apology of teaching terrorism, was enacted. Article 1 established that the teacher or professor who, taking advantage of his or her condition, influences his or her students by advocating terrorism would be considered as the author of the crime …
On November 11, 1992, the government promulgated the Regulation on the Organization and Functions of the Self-Defense Committees. This regulation was promulgated one year after Legislative Decrees No. 740 and No. 741 of November 1991, which had established the legal framework for the recognition of the Self-Defense Committees. The regulation …
In July 1992, the government of Alberto Fujimori enacted a new Defense System Law that granted broad powers to the military in the counter-subversive struggle. This legislation was part of a series of measures adopted after the self-coup of April 5, 1992, when Fujimori dissolved Congress and intervened in the …
On May 6, 1992, the government enacted Decree Law 25474, which in its Article 7 typified the crime of terrorism apology. The law established that anyone who publicly, through any means, advocated terrorism or the person who committed it, would be punished with imprisonment of not less than six nor …
The 'Repentance Law' was enacted in May 1992, immediately after the self-coup, although it was regulated a year later. Through pressure, many detained students named names, many of them perhaps innocent. This law had a great impact on the mass arrests and wreaked havoc in the MRTA ranks.
The government decrees law 25433, which modifies article 31 of the habeas corpus law. This modification regulates the power of the judge to suspend momentarily those acts that may constitute violations of constitutional rights and that have been judicially challenged. The decree is produced in the context of the Government …
Alberto Fujimori's government issued a decree law sanctioning those who, without title or appointment, usurp public functions, give military or police orders, or who are suspended or dismissed from their posts and continue to exercise them. This measure was issued in the context of the coup d'état of April 5, …
On January 27, 1992, the Senate of the Republic approved by majority a bill repealing twelve legislative decrees on national pacification that had been enacted by the Executive Branch. At the same time, the Senate presented other bills which, with the same pacification objective, had a true democratic character according …
In January 1992, the Peruvian Congress passed bills modifying the Executive Branch's legislative decrees on national pacification. The Senate approved a bill whereby the intervention of the Armed Forces in areas not declared in a state of emergency could be carried out at the request of the political authority or, …
In December 1991, 126 legislative decrees issued by the Executive Branch in use of extraordinary powers granted by Congress went into effect. These decrees covered various topics, most of them related to national security, including the national mobilization law, the national defense system law, the national intelligence system law, regulations …
On November 28, 1991, the Senate approved a law regulating the peasant and urban patrols, defining them as popular, peaceful and democratic organizations. The main purposes established in this law are self-defense and active collaboration with national pacification. This legislation sought to regulate and provide a legal framework for the …
On November 12, 1991, Legislative Decree No. 749 was published, extending the powers conferred by Law 24150. This Decree no longer established the coordination but the direction by the Political-Military Chief of all government actions at all levels and granted him the disposition of economic, logistical and personnel resources. The …
On November 8, 1991, Decree Law No. 741, called 'Law for the Recognition of the Self-Defense Committees', was enacted. This legal framework accepted the existence of multiple and diverse organizations of the civilian population, especially in rural areas, whose main function was to fight against subversion. According to the decree, …
The Executive issued 79 legislative decrees on different topics, although most of them dealt with national security. Among these decrees were the national mobilization law, the national defense system law, the national intelligence system law, regulations for the Armed Forces in areas not declared in emergency, the recognition of self-defense …
On November 8, 1991, Decree Law No. 740 was enacted, days before the enactment of DL No. 741 on Self-Defense Committees. This decree established that the peasant patrols recognized by Law No. 24571 (mentioned but not completed in the text) would have a specific legal framework. The decree was part …
The government issues the Peace Council law which regulates the functioning of this body created in June and composed "by the living forces of the country". This law establishes the legal framework for the operation of the Peace Council, an entity that had been created the previous month with the …
Law 25327 is published in El Peruano, which empowers the central government to issue provisions related to national pacification, employment policies and investment growth. This law grants extraordinary powers to the Executive Branch regarding pacification. Congress had previously debated on granting these powers to the cabinet of ministers. The law …
The Congress enacts a law that supersedes Supreme Decree 171-90-PCM that had been issued in December 1990. This supreme decree established that the actions of members of the Peruvian Armed Forces and National Police in areas declared in a state of emergency were subject to military justice, and provided that …
The Executive Branch enacted the Banking Law in April 1991 without giving time for the suggestions that were beginning to be prepared by the interested parties. Among those affected by this decision was the Federation of Bank Employees, which had no opportunity to present its observations or proposals. This enactment …
The ministerial cabinet appeared before the Congress of the Republic to request that extraordinary powers be granted to the Executive Branch. These powers were to legislate in four specific areas: national pacification, reorganization of the State, private investment and promotion of employment. This request was framed in a context of …
The Executive Branch returned to Parliament the bill regulating the writ of amparo and habeas corpus. This bill had been approved during the last extraordinary session of Congress. The return of the bill by the Executive represented a rejection of the parliamentary regulation of these fundamental constitutional remedies for the …
The Peruvian State approved the Inter-American Convention to Prevent and Punish Torture through Legislative Resolution 25286 dated December 12, 1990, published in the Official Gazette El Peruano on December 14, 1990. This 1985 OAS Convention establishes international obligations for the States Parties in the prevention and punishment of torture. The …
The Senate approved the granting of extraordinary powers to the Executive Branch so that, within sixty days (until November 30, 1990), it could issue legislative decrees creating, modifying or eliminating taxes and eliminating tax exemptions. This measure was taken in the context of the new government of Alberto Fujimori Fujimori, …
The Peruvian State approved the Convention on the Rights of the Child through Legislative Resolution 25 278 dated August 3, 1990. This convention was adopted by the UN in 1989 and represents an international instrument for the protection of human rights specifically oriented to children. The resolution was published in …
President Alan Garcia Perez promulgated the Teachers' Law on May 19, 1990. This law had been previously approved by the Legislative but was observed by the President, which generated protests from the Teachers' Union. In response to the observations, the Ministry of Economy issued a communiqué stating that the financial …
The fourth extraordinary session of the Peruvian Congress was held from February 12 to 22. During this session, several important legislative projects were approved, including the Regional Development Bank system, the participation of urban cooperatives before the Regional Assemblies, the University Development Fund and amendments to the Law for Teachers. …
A bill submitted by Senator Rolando Ames Cobián is being debated in the Peruvian Congress. The bill seeks to facilitate the access of political parties to the dissemination of their proposals through advertising spaces in private media. This debate takes place in the context of the extraordinary legislature convened from …
The two Additional Protocols to the Geneva Conventions of August 12, 1949, adopted on June 8, 1977, entered into force for Peru on January 14, 1990. Peru had deposited the instruments of ratification of both protocols on July 14, 1989. These protocols are part of International Humanitarian Law and establish …
The Peruvian Congress approved Law 25103, which established the reduction of sentences for persons linked to terrorist acts in cases of collaboration with the authorities. This law was passed during the government of Alan García Pérez, in a context of intensified political violence by the PCP-SL and the MRTA. The …
The Peruvian State deposited the instruments of ratification of the two Additional Protocols to the Geneva Conventions of 1949 on July 14, 1989. These protocols, adopted on June 8, 1977, had been previously approved by Legislative Resolution 25029 (1989). The protocols entered into force for Peru on January 14, 1990. …
The Chamber of Deputies unanimously approved the creation of the Council for National Pacification. The objective of this council would be to present to the Executive Power a plan agreed upon with the social forces of the country to confront violence and terrorism. The approval took place in a context …
On December 7, 1988, Law 24949 was enacted creating the National Police of Peru (PNP). This law unified the country's existing police forces under a single institution. The creation of the PNP took place in a context of intensification of the counter-subversive struggle and reorganization of law enforcement. This institutional …
The Peruvian State approved the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment through Legislative Resolution 24815 dated May 24, 1988. This resolution was published in the Official Gazette El Peruano on May 25, 1988. The approval of this international convention represented a formal commitment of …
On May 8, 1988, President Alan Garcia Perez announced his decision to make the fight against terrorism more severe and energetic. This declaration was accompanied by Prime Minister Armando Villanueva del Campo, who pointed out that the anti-terrorist law had to be corrected, since it gave special protective treatment to …
The Congress of the Republic approved Law 24700, which established specific time periods for judicial proceedings in terrorism cases. This law determined an investigation period of ten days and an investigation period of sixty days for cases related to terrorism crimes. The law sought to expedite judicial proceedings against persons …
The Peruvian Congress approved Law 24651 which establishes prison sentences for those who commit the crime of collaboration with terrorist activities. This law stipulates prison sentences of up to ten years and internment for collaborators. The law was passed in the context of the fight against armed subversion that the …
On March 2, 1987, the Chamber of Deputies of the Peruvian Congress approved the regionalization bill. This bill was part of the political and institutional reforms that were being implemented during the government of Alan Garcia Perez. The approval of this law represented an important step in the decentralization of …
On June 6, 1985, Law No. 24150 was enacted, regulating the previously vague competencies of the Political-Military Command. This law established the rules to be complied with during States of Exception in which the Armed Forces assume the control of internal order, and established for such purpose the Political-Military Commands …
On June 5, 1985, Legislative Decree 24150 was enacted, establishing norms to be complied with in states of exception (or emergency) in which the Armed Forces assume control of internal order, in all or part of the territory. This legislative decree regulated the states of emergency and the attributions of …
On June 5, 1985, Legislative Decree 24150 was enacted, which established rules to be complied with during states of exception (or emergency) in which the Armed Forces assume control of internal order, in all or part of the national territory. This legislative decree regulated the states of emergency and the …
The Peruvian State approved the Convention on the Elimination of All Forms of Discrimination against Women (adopted by the UN in 1979) through Legislative Resolution No. 23432 dated June 4, 1982. This convention is one of the main international instruments for the protection of human rights ratified by Peru. The …
Interior Minister Jose Maria de la Jara presented to the Council of Ministers the anti-terrorist decree-law 046 in February 1981, which was the first effort of the government to respond legally to the PCP-SL attacks and in which the crime of terrorism was typified. This decree was challenged by leftist …
On March 10, the government promulgated a special law, Legislative Decree 046, which typifies the crime of terrorism. The PAP and the left expressed their concern for the scope and dangers that this law could have for the exercise of freedom of expression, press and association. This law was very …
The 1966 UN International Covenant on Civil and Political Rights (ICCPR) was approved by the Peruvian State through Decree Law 22128 dated March 28, 1978. This covenant was subsequently ratified together with its Optional Protocol (I) by Title VIII, General and Transitory Provision XVI of the Political Constitution of 1979. …
The International Covenant on Economic, Social and Cultural Rights (UN, 1966) was approved in Peru by Decree Law 22129 dated March 28, 1978. This international instrument was subsequently ratified by Title VIII, General and Transitory Provision XVI of the Political Constitution of 1979. The Pact is one of the main …
The Peruvian State approved the Convention on the Prevention and Punishment of the Crime of Genocide through Legislative Resolution 13288 dated December 29, 1959. This Convention had been adopted by the United Nations (UN) in 1948. The approval of this international instrument incorporated into the Peruvian legal system the international …