Arbitrary detention of 8 peasants accused of terrorism

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in Peru.

Brief description of the situation

The International Secretariat of OMCT has been informed by a reliable source of the arbitrary detention of eight peasants accused of terrorism following events in the province of Ayacucho.

According to the information received, following several military operations, Mr. Glorioso Ochoa Castillo (23 years old), Mr. Eloy Rojas Ramos (19 years old), Mr. Alcides Ñaupa Curo (26 years old), Mr. Víctor Yaranga Farfán (32 years old), Mr. Fortunato Yaranga Farfán (37 years old), Mr. Sabino Yaranga Farfán (35 years old), Mr. Wilmer Rimache Ramos (23 years old) and Mr. Jacinto Huamán Pariona (36 years old) were arrested and detained on charges of terrorism. The detention of the above mentioned persons occurred after a terrorist attack was perpetrated against members of the National Police of Peru (Policía Nacional del Perú) on 16 December 2006 in the province of La Mar (Ayacucho) during which five policemen and three civilians were killed. According to the Peruvian government, the attack was carried out by leftovers of the armed group Shining Path (Sendero Luminoso) who operate in isolated manner in central parts of the country.

It is reported that during the detention of these above mentioned persons, their procedural rights were not guaranteed. In fact, the eight rather poor peasants only speak “quechua” and they were not able to defend themselves as the police did not provide an interpreter. Moreover, according to the same information, their detention seemed to have been “accelerated” and fears exist that they might be unjustly criminalized as it has already happened in the past. According to the information, no evidence was found which could incriminate the eight peasants. Indeed, according to police forensic investigation, they did not use any firearms before their arrest.

In spite of the lack of evidence, a prosecutor accused the peasants of collaboration in terrorism activity. Two judges refused to handle the case and a third stated that they should be imprisoned while awaiting the process. According to the information, the peasants are detained since 20 December 2006 in the high security prison of Yanamilla, in the central region of Ayacucho, where the ambush of 16 December 2006 took place.

The Interior Minister, Mrs. Pilar Mazzetti, denied that abuses were committed against the detainees although she admitted that police investigation did not find evidence that could charge them with the ambush. However, the Minister claimed that the peasants would have to explain why they were carrying firearms when they were arrested, although their lawyers stated that the arms did not belong to them. The police stated that they found the arms hidden nearby the place of the arrest which seems to indicate that the evidence might have been purposely placed there. According to the information, the neighbours of the arrested peasants who are human rights defenders assured that the accused are poor and humble citizens, known as good men and that none of them have links to armed activities.

OMCT is very much concerned about these detention, especially for the physical and psychological integrity of the above mentioned persons and urges the Peruvian government not to discriminate them, criminalising them as “subversives”, in particular following recent statements on 2 November 2006, of the President of the Republic, Alan García Pérez, who spoke about a law project that the Executive would send to the Congress, in order to implement capital punishment for terrorists.

Requested Actions

Please write to the authorities in Peru urging them to:

1. Guarantee the physical and psychological integrity of Mr. Glorioso Ochoa Castillo, Mr. Eloy Rojas Ramos, Mr. Alcides Ñaupa Curo, Mr. Víctor Yaranga Farfán, Mr. Fortunato Yaranga Farfán, Mr. Sabino Yaranga Farfán, Mr. Wilmer Rimache Ramos and Mr. Jacinto Huamán Pariona as well as their family members;
2. Ensure the immediate release of the above mentioned persons in the absence of valid legal charges, and if such charges exist, ensure that they are given a prompt and fair trial, in which their procedural rights are guaranteed at all time;
3. Order a thorough and impartial investigation into their detention and the related events, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
4. Order a thorough and impartial investigation into the attack perpetrated against members of the National Police of Peru (Policía Nacional del Perú), on 16 December 2006, in the Province of La Mar (Ayacucho) during which five policemen and three civilians were killed, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
5. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards, in particular with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Addresses

• H.E. Alan García Pérez, President of the Republic, Plaza mayor s/n – Cercado de Lima – Lima Peru. Fax. + 51.1.311.39.17 / + 51.1.426.67.70, E-mail: oginf@presidencia.gob.pe
• Permanent Mission of Peru to the United Nations Office Geneva. 71, Avenue Louis Casaï, 1216 Geneva. FAX : + 41.22.791.77.28; FAX: + 41.22.791.77.29, mission.peru@ties.itu.int
• H.E. Luis Chuquihuara Chi, Ambassador of Peru in Brussels, avenue de Tervueren 179, Brussels 1150. TEL.:+32(0)2.733.33.19 E-mail: comunicationes@embassy-of-peru.be; FAX: +32(0)2.733.48.19
• Mrs. Pilar Mazzetti, Interior Minister, Plaza 30 de Agosto s/n. E-mail: ofitel@mininter.gob.pe
• Urb. Corpac - San Isidro, Fax: + 51.1.225.45.37 /+ 51.1.475.29.95,
• Mrs. María Zavala, Minister of Justice, Scipión Llona 350 - Miraflores, Lima 18, Fax: + 51.1.422 35 77 / + 51.1.255 98 56, E-mail: webmaster@minjus.gob.pe
• Mr. Luís Castañeda Lossio, Mayor of Lima, Jr. de la Unión 300 / Jr. Conde de Superunda 177, Cercado de Lima, alcalde@munlima.gob.pe
• Mr. Carlos Manuel Asmat Dyer, Director, Dirección Municipal de Seguridad Ciudadana, Jr. Conde Superunda 167 - Oficina 401, Cercado de Lima, E-mail: dmsgc@munlima.gob.pe
• Dirección Municipal de Fiscalización y Control, E-mail: dfc@munlima.gob.pe

Please also write to the embassies of Peru in your respective country.

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Geneva, 10 January 2007

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.