12. Human rights

12(c) B4-0598, 0615, 0656 and 0679/97

Resolution on Peru

The European Parliament,

A. concerned by the decision of the Peruvian Congress, approved by the government party, to remove three judges belonging to the Constitutional Court for opposing a law which allows for the re-election of President Alberto Fujimori,

B. concerned by several recent developments which jeopardize freedom of expression, including threats and attacks on journalists and specific measures against anti-government media, such as the daily newspaper "La República", the radio "Miraflores" and the head of "Frecuencia Latina (canal 2)" Baruch Ivcher,

C. whereas torture continues to be a widespread practice by the security forces, and evidence obtained thereby is admissible in court,

D. deeply concerned about the threats and attacks on political opponents in Peru, e.g. Javier Diez Canseco and the former Minister of the Economy, Gustavo Saverbein,

E. concerned by the special anti-terrorism legislation which allows for the trial of civilians by military courts, and the existence of "faceless judges" (secret courts) which denies the right to a defence and fair trial,

F. deploring the rejection by the military courts in Peru of habeas corpus, which undermines the standards relating to the fundamental rights of the individual and endangers the rule of law in Peru,

G. noting the amnesty law which consolidates impunity for human rights abuses committed by members of the security forces and by civilians acting with their acquiescence,

H. shocked by the deplorable prison conditions and the fact that hundreds of political prisoners are being kept in permanent isolation,

I. bearing in mind the Inter-American Commission on Human Rights' 1996 annual report on Peru and the observations and recommendations to the Peruvian Government made by the UN Human Rights Commission, also in 1996,

1. Calls on the Government and the Congress of Peru to reinstall the three judges removed from the Constitutional Court;

2. Believes that respect of judiciary independence is essential in order to avoid any abuse of powers by the executive which undermines Peru's democratic institutions;

3. Calls on the Government of Peru to guarantee freedom of expression and the media and urges an investigation into the harassment and attacks directed against independent journalism;

4. Urges the Peruvian Government to ensure that an independent investigation is conducted into alleged attacks against members of the opposition,(PSE 3)

5. Strongly appeals to the government to work towards the eradication of torture and to rule inadmissible any evidence or proof obtained under physical or psychological torture;

6. Urges the Peruvian authorities to adopt all necessary measures to safeguard the integrity and life of human rights defenders, witnesses or victims of human rights abuses and to end the system of 'faceless judges', amnesty laws and the use of the military justice system to deal with cases of human rights violations;

7. Calls on all the authorities of the Peruvian state to accept and implement all the recommendations of the 1996 report on Peru by the Inter-American Commission on Human Rights;

8. Calls on the Commission to link any further cooperation with Peru to more progress on the human rights situation in the country;

9. Instructs its President to forward this resolution to the Council, the Commission, the Government, President and Congress of Peru, and to the UN Commission on Human Rights.

This document is published online byEquipo Nizkor andDerechos Human Rights