Date: Mon, 18 Mar 1996 07:29:19 GMT
From: Chris Burford <cburford-AT-gn.apc.org>
To: marxism-AT-jefferson.village.virginia.edu
Subject: Amnesty Int Peru latest


This was the article drawn to my attention by an authoritative
person in Amnesty International as their  latest contribution.
Since I had explained about the marxism l'st I consider
in good faith it is reasonable to quote it here, but have
only just noticed the reservation about electronic
redistribution, after posting a message to the l'st saying
I would forward this. Therefore I must ask all recipients
not to redistribute it further without checking with the names 
below. 

For German speaking readers there are additional details
on how to mail the appropriate embassies in Germany, 
Switzerland and Austria if you are able to respond 
rapidly to this "urgent action appeal" in its own 
right.

Chris Burford
cburford-AT-gn.apc.org and 100423.2040-AT-compuserve.com


_______________________________________________________________




/* Written  6:23 PM  Feb 29, 1996 by rmitchellai in gn:ai.uan */
/* ---------- "AI EX031/96 PERU Fear of torture" ---------- */
+------------------------------------------------------+
+ Paper reprints authorised. Electronic redistributors +
+ must request permission from Amnesty International.  +
+ Contact:   rmitchellai-AT-gn.apc.org (UK)               +
+            sharrison-AT-igc.apc.org (USA)               +
+            ggabriel-AT-amnesty.cl.sub.de (Germany)      +
+------------------------------------------------------+
 
EXTERNAL                          AI Index: AMR 46/05/96
                                  29 February 1996
 
EXTRA 31/96       Fear of Torture / Prisoner of conscience /
                  Arbitrary detention                            
 
PERU        Magna de la Cruz Vasquez (f), aged 38, social worker
 
Amnesty International is seriously concerned about the re-detention
on 28 February 1996 of Magna de la Cruz Vasquez by members of the
Direccion Nacional Contra el Terrorismo, DINCOTE, the anti-terrorism
branch of the national police, in Lima, the capital. The
organization believes that she is a prisoner of conscience and that
she is at risk of being tortured and ill-treated while held in
police custody.
 
Magna de la Cruz was previously detained in 1993 and charged with
terrorism-related offences.  However, in June 1994 the High Court
absolved her of the charges and ordered her release.  On 1 June 1995
the Supreme Court of Justice annulled the verdict of the High Court
in Lima and ordered a re-trial.  Under Peru's current anti-terrorism
laws, High Courts are compelled to re-detain the defendant prior to
the re-trial being opened. Thus, Magna de la Cruz was re-detained
on 28 February 1996.
 
Under Peru's anti-terrorist legislation, Magna de la Cruz could be
held at DINCOTE headquarters for up to 15 days, after which she will
be transferred to a prison where she will await a re-trial. The
organization is seriously concerned for her well-being, as it has
repeatedly received information that torture and ill-treatment,
including rape, are widespread during police custody.
 
Amnesty International considers Magna de la Cruz to be a prisoner
of conscience because there seems to be no credible evidence of her
having any links to the armed opposition group the Partido Comunista
del Peru (Sendero Luminoso), PCP, Communist Party of Peru (Shining
Path); there is no evidence to link her to the political beliefs or
actions with which she has been imputed; and the charges she faces
appear to be politically motivated.  She has not used or advocated
violence.
 
Magna de la Cruz is a 38 year-old widowed mother of a 15-year-old
girl. She is a social worker and has strong links to the Parroquia
San Apostal, S.A. in her neighbourhood in Lima.
 
BACKGROUND INFORMATION
 
Since Peru's current anti-terrorism legislation cane into effect in
May 1992, the majority of the cases on torture and ill-treatment,
including rape, documented by Amnesty International, are of those
detainees who have been detained by the DINCOTE on suspicion of
terrorism-related offences.  In addition, the organization believes
that the anti-terrorism laws provide a judicial framework for the
detention of prisoners of conscience (POCs) and possible POCs. (See
Peru: Reforms of Terrorism Laws Fail to Match International Human
Rights Standards. AMR 46/06/95, October 1995). 
 
Some POCs and possible POCs documented by the organization since
1992 have already been released.  However, Amnesty International is
seriously concerned that since 1995 the Supreme Court of Justice has
annulled hundreds of verdicts in which POCs and possible POCs had
been absolved of the charges faced. All of these prisoners face
re-detention orders, imprisonment and a new trial (see UA 237/95,
AMR 46/26/95, 28 November 1995).  
 
For example, POC Juan Alberto Huapaya Palomino was re-detained in
July 1995. He is still awaiting a re-trial after having regained his
liberty in 1993.  Another POC, Placido Damian Ceasani, was
re-detained on 28 August 1995 and sentenced to 12 years imprisonment
for terrorism-related offences, despite having been absolved by a
high court on 25 June 1993 for the same charges.
 
Peru's anti-terrorism legislation was issued in the context of the
government's counter-insurgency operation directed against the
clandestine armed opposition groups Partido Comunista del Peru
(Sendero Luminoso), Communist Party of Peru (Shining Path) and
Movimiento Revolucionario Tupac Amaru, Tupac Amaru Revolutionary
Movement. Amnesty International has consistently and unequivocally
condemned widespread atrocities by these groups, which include the
torture or deliberate and arbitrary killing of civilians not
involved in the conflict and of members of the security forces who
are hors de combat.  However, the organization believes that such
abuses can never justify violations by the authorities of
fundamental human rights such as those enshrined in the United
Nations (UN) International Covenant of Civil and Political Rights,
the UN Convention against Torture and Other Cruel Inhuman or
Degrading Treatment or Punishment, and the American Convention on
Human Rights, to which Peru is party. 
 
RECOMMENDED ACTION: Please send
telegrams/telexes/faxes/express/airmail letters in English or your
own language: 
 
- expressing concern at the re-detention of Magna de la Cruz on 28
February 1996 by members of the DINCOTE in Lima; 
 
- expressing concern that she may be tortured and ill-treated while
in police custody, and seeking guarantees that this will not happen;
 
- calling for her to be immediately and unconditionally released as
a prisoner of conscience; 
 
- urging the authorities to ensure that those prisoners falsely
accused of terrorism-related offences and who have been released are
not re-detained.
 
APPEALS TO:
 
Ketin Vidal
[Salutation: Sr. Director General / Dear Director General]
Director General de la Policia Nacional de Peru
Ministerio del Interior
Plaza 6 de Agosto S/N
Lima 27, Peru
Telephone: +5114 75 67 20
Telegrams: Ketin Vidal, Policia Nacional, Ministro del Interior,
Lima, Peru
 
Senor Carlos Hermoza Moya
[Salutation: Dear Minister/Sr.Ministro]
Ministro de Justicia
Ministerio de Justicia
Scipion Llona 350
San Isidro
Lima, PERU
Faxes: +5114 223577
Telegrams: Ministro de Justicia, Lima, Peru
 
PLEASE SEND COPIES TO: His Excellency Mr J Eduardo Ponce-Vivanco,
The Embassy of Peru, 52 Sloane Street, London SW1X 9SP. Fax: 0171
235 4463
 
AND, IF POSSIBLE, TO THE FOLLOWING:
 
 
Comision Episcopal de Accion Social
Av. Salavery 1945
Lince Apdo 363
Lima 1, PERU
 
PLEASE SEND APPEALS IMMEDIATELY. Please do not send appeals after
5 April 1996.
 
+-----------------------------------------------------------+
+ If you have any queries about this Urgent Action or about +
+ the UA scheme in general, please contact:                 +
+   Ray Mitchell                                            +
+   Amnesty International British Section                   +
+   99 - 119 Rosebery Avenue                                +
+   London EC1R 4RE      email: rmitchellai-AT-gn.apc.org      +
+-----------------------------------------------------------+


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