Impunity Watch Reporter, South America
LIMA, Peru-The Peruvian government sent Congress a package of bills that would limit action by prosecutors and grant extraordinary powers to the military authorities. One of the draft laws in question would modify the Criminal Code to prevent legal action against soldiers and police who kill or injure civilians in “emergency zones”.
The “emergency zones” are areas controlled by security forces by order of the executive due to terrorist threats or political protests. Prosecutors who want to investigate human rights violations by the military in the “emergency zones” must obtain a technical report from the armed forces or police. The report explain why the accused used a degree of force that caused death or injury.
The Peruvian government has added a definition of “use of force” to the draft law, detailing situations where a member of the armed forces would be exempt from responsibility where he or she caused the death of a civilian. Where an officer can justify civilian deaths by the level of hostility and dangerousness in the surrounding area, he or she will be exempt from criminal, civil and administrative responsibility.
Another controversial law proposed by the government would allow the military and police to remove the bodies of members of the security forces without the presence of prosecutors, which is currently required. This requirement would reportedly allow the military to disturb a crime scene without judicial authorization.
The debate over the changes to the Criminal Code has pro-military groups on one side and non-governmental organizations on the other. Defense Minister Rafael Rey argues that the armed forces are wrongfully accused of crimes committed during the 1980-2000 internal conflict. Rey argues that the number of people killed by armed forces during that period totals under 1,000 people.
The 2003 independent Truth and Reconciliation Commission report found that 69,280 people were killed or disappeared by insurgents or state agents. Fifty to sixty percent of the crimes are attributed to the Shining Path Maoist guerrillas. Amnesty International has compiled evidence that torture, killings and disappearances by state agents were widespread and systematic enough to amount to crimes against humanity.
Attorney General, Gladys Echaíz has directly challenged the laws, saying that they place impermissible limits on the prosecutors office and prevent prosecutors from doing their constitutionally mandated duties. “I don’t think the military and police need a cloak of concealment,” Echaíz said.
The deputy chair of the congressional committee on defense and internal order, Carlos Bruce, has openly questioned the constitutionality of the new laws, saying that the prosecution service must remain independent from executive branch bodies. The head of the National Human Rights Coordinating Committee stated that “Any legal initiative to secure impunity affects those members of the military who justifiably and with self-sacrifice fight against terrorism.”
For more information, please see:
IPS – Rights-Peru: Gov’t Seeks Legal Shield for Security Forces– 14 October 2009
El Comercio – Proyecto del Ejecutivo Condiciona Labor de Fiscales, Afirma Echaíz – 7 October 2009
ACTUALIDAD –Gladys Echaíz:”Ley que regula funciones del Ministerio Público en zonas deemergencia nos condiciona” – 6 October 2009
