THE PERU SUPPORT GROUP

The Peru Support Group

	the report Access the the full report in Spanish, or the conclusions of the report in English
	Photos and testimonies See photos and testimonies from women affected by the violence "testimonies of courage and pain"
	Actions (Coming Soon) Take action to help us make sure that recommendations made by the TRC are acted on to ensure that something like this never happens again
	OFFICIAL STATEMENTS Read the official response of the Peruvian government, speeches from the the president of the TRC and EU statement of support, all in English and Spanish. President's Toledo Pronouncement: English (PDF Format, 64 KB) ESPAÑOL (PDF Format, 76KB) TRC President's speech ESPAÑOL (PDF Format, 116 KB)
	LATEST NEWS Latest information and developments including specific case information
	TRC PUBLICATION (PDF format, 3.6 MB) Download the printable version of the TRC publication

Truth Commission | Civil and political rights | Indigenous rights

TRUTH COMMISSION

An estimated 70,000 Peruvians lost their lives between 1980 and 2000 as a result of violent conflict between the security forces and two guerrilla organisations, Sendero Luminoso and the Movimiento Revolucionario Tupac Amaru (MRTA). Hundreds of thousands were forced to flee their homes in search of refuge. The death toll in Peru in these years overshadows that, for instance, of Chile and Argentina in the 1970s. Most of the victims were innocent people, caught in the crossfire in this most savage struggle for power and control in the central and southern Andes. They were mainly poor Quechua-speaking peasant farmers, whose families suffered immensely and whose communities were often destroyed.

For much of the last 20 years, these were people that the rest of Peru preferred to forget. Until now, the true dimensions of human suffering have not been known. A Truth and Reconciliation Commission (TRC)-- appointed in 2001 to piece together the history of human rights violations in the Andes and to recommend policies to help mitigate the suffering -- published its nine-volume report in August 2003. It makes grim reading. However, uncovering the truth of what happened is but a first step. As Salomon Lerner, the Commission's president, says "Our work is complete, but the task of building justice and reconciliation has only just begun".

The PSG has produced a publication which seeks to describe the work of the commission and to present both its main findings and its recommendations for action. Click here to download a printable copy of the publication or here to order one.

Findings

In the twenty years under investigation, it is believed that 69,280 people lost their lives.
This is about twice the number of the people killed in Chile and Argentina in the killings that followed the 1970s coups in those two countries. The TRC's estimate of the total deaths is more than double any previous estimate. How could some 35,000 people simply disappear from the scene without anyone realising it?

The number of deaths actually reported to the TRC was 28,000, and the difference arises from taking the estimates of various other organisations but cross checking them so as to avoid counting the same victims twice or more. Under pressure of time and money, the TRC was forced to concentrate its efforts in specific parts of the country. The TRC says that the 69,280 figure is subject to a 5% margin of error either way (ie between 61,007 and 77,552).

Of the total number of deaths reported to the Commission, more than 40% took place in Ayacucho.
Ayacucho, Junín, Huánuco, Huancavelica and Apurímac together account for 85% of the deaths reported. These are among the poorest departments of Peru.

Of the total deaths, 79% were inhabitants of rural areas, and 56% were peasants. Three quarters came from families whose mother tongue was Quechua (or some other indigenous language)
As a proportion of the total population, the 1993 census reveals that only 16% fall into this category. The huge majority were people living in poverty or extreme poverty, as officially defined.

Of those killed, 68% had no secondary education, a much higher figure than the national average.

Some 54% of the killings reported to the TRC were carried out by Sendero Luminoso, 1.5% by the MRTA.
The remainder were perpetrated by the police, army, navy or peasant militias.

The worst period of killing was in 1983 and 1984, during the Belaunde government (1980-85).
Following something of a lull in 1985 and 1986, the numbers increased again in the period 1987-90. During the 1990s, and especially after the capture of Abimael Guzmán in 1992, the death toll tailed off notably.

Of those killed 80% were men. 59% of the victims were married with families. Thousands of children were left as orphans.

4,000 burial sites were identified by the TRC.

Truth Commission | Civil and political rights | Indigenous rights

CIVIL AND POLITICAL RIGHTS

There are reports of torture and ill-treatment, of prisoners and military recruits, by prison officers and the military.

Torture
Despite the fact that Law No. 26926 criminalising torture came into effect in 1998, only three cases against torturers have resulted in convictions. Torture and ill-treatment continue to be serious problems, and many perpetrators of torture are still not held to account. Human rights organisations receive reports of the torture and ill-treatment of both common criminals and those arrested for "terrorist"-related crimes in order to extract a confession. There are reports of torture and ill-treatment, of prisoners and military recruits, by prison officers and the military. The Ombudsman's office has recent published a report detailing 118 cases of torture and 56 deaths in military barracks. There are also cases of the torture and ill-treatment of children.

Prisons
Despite repeated calls from human rights NGOs and the Inter-American Commission for Human Rights (IACHR) for it to close, the high security Challapalca prison has remained open. The prison is situated at an altitude of 14,000 ft, and the lack of oxygen, freezing temperatures, and isolation amount to cruel, inhuman and degrading punishment. According to some reports, the population of this prison has increased in 2002 from 50 to 100 inmates.

Overcrowding continues to be a problem in maximum security prisons holding those convicted or held on terrorism charges. There are reports that Lurigancho prison, in Lima, which was built to house 1,800 prisoners, currently has around 7,000 inmates.

Anti-terrorist legislation
On January 3, 2003, the Peruvian Constitutional Tribunal found some laws which formed part of Fujimori's 1992 anti-terrorist legislation to be unconstitutional. The PSG welcomes this as an important step towards overcoming the injustices and human rights violations facilitated by this legislation. Among other things the Constitutional Tribunal found it unconstitutional to try civilians in a military court.

President Toledo has been given special powers to introduce new anti-terrorist laws within 30 days. It is essential that the legislation conforms to international standards.

Innocent prisoners
As part of his counter-insurgency strategy, former President Alberto Fujimori brought in anti-terrorism legislation that resulted in hundreds of persons being falsely convicted of terrorism-related offences.

In recent years some positive steps have been taken in relation to this legislation. In 1996, an ad-hoc Commission was established to review cases of persons falsely accused of terrorism-related offences in order for the President of the Republic to grant them a pardon.

Since the end of the Fujimori regime over 300 prisoners have been pardoned, but there are still around 1,600 cases currently awaiting review by a Pardoning Commission. The number of lawyers working on the Pardoning Commission dropped soon after Toledo came to power in July 2001, from 16 to just three. As a result there have been delays in the release of innocent prisoners. Just 28 pardons have been granted this year. The majority of these prisoners have been incarcerated for more than 5 years.

So far, those who have been released, have received no compensation for the time they spent in prison. Nor do their records reflect their innocence, and as a result many find it difficult to get work.

Impunity
In June 1995 the Peruvian authorities effectively legalised impunity under an amnesty law which granted a general amnesty to all those responsible for human rights violations between 1980 - 1995, including thousands of unresolved cases of arbitrary detention, "disappearances", torture and extrajudicial execution which all remain on the statute books.

These laws were annulled in March 2001, following the downfall of the Fujimori regime, by the Inter-American Court of Human Rights. The ruling stated that the amnesty laws contravened the American Convention on Human Rights and therefore had no legal effect.

Former President Alberto Fujimori, who has been charged with crimes against humanity for his involvement in crimes committed by the death squad "La Colina" has still not been brought to justice. The Peruvian government has prepared extradition papers, which have been delayed due to difficulties in their translation.

Military service
Although military service is no longer obligatory in Peru, there are still cases where military bases and recruitment offices are carrying out "levas". These involve gathering up groups of individuals, often from the poorest sectors of society or remote rural areas who are unaware of their rights on military service, and forcing them into the armed forces. There are also concerns about the treatment of recruits on their military service. The Defensoria del Pueblo (National Ombudsman's Office) has recently presented a report to the Defense Minister, Aurelio Loret de Mola, listing human rights violations taking place in military barracks. The report details 118 reports of torture, and 56 deaths. Investigations into these cases are carried out by military courts.

Amnesty International's report
"Peru: Torture and Ill-treatment Time to put words into practice"

Overcrowding continues to be a problem in maximum security prisons holding those convicted or held on terrorism charges.

Truth Commission | Civil and political rights | Indigenous rights

iNDIGENOUS RIGHTS

Land rights
The ILO Convention 169 states that indigenous people own the lands they live on and use. Land and natural resources are vital for the livelihoods of indigenous communities. There are many cases in Peru where community access to land has been threatened, where lands have been sold off, taken over by settlers, or invaded by loggers. The presence of loggers, miners, and multinational projects present a number of risks to isolated communities. These include epidemics of diseases such as influenza to which the isolated communities have no immunity. Communities also face the depletion of the hunting and fishing resources on which their livelihoods depend.

Education
Levels of education are low among indigenous communities. While the Peruvian government recognizes the right to bilingual and intercultural education, this does not occur. Because many indigenous communities tend to be located in remote, isolated and geographically hostile regions, the quality of material and human resources at schools in these communities tend to be far from ideal. Frequent racial tensions between teachers and other school authorities and members of such indigenous communities exacerbate the already poor general standard of education.

Judicial issues
Despite provisions in the constitution, indigenous people taken into custody in Peru are not always provided with an interpreter. There are cases of indigenous people who have been tried and convicted without fully understanding what they are being charged with.

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