Peru
19.07.02
Urgent Interventions
Peru: Mr. Rolando Quispe Berrocal and his family have been victims of threats and harassment
Case PER 160702.1
Follow up of the Case PER 160702
Threats / Harassment to the victim and his family
Geneva, July 19th 2002
The International Secretariat of the OMCT requests your urgent intervention in the following situation in Peru.
New information:
The International Secretariat of the OMCT has received new information concerning the situation of the conscript Rolando Quispe Berrocal, who was object of a violent attack, torture, and apparent sexual violation in the “Domingo Ayarza” barracks, in Ayacucho.
According to the new information, Mr. Rolando Quispe Berrocal and his family have been victims of threats and harassment. Military officials have continuously harassed Mr. Quispe Berrocal, even in the instances when the prosecutor in charge has been present, and have demanded him to the change his version of the facts.
In the morning of July 15th2002, the reports state, military officials demanded the victim’s father, Mr. Victor Quispe, to leave the hospital where his son was recovering. Later, a military commander known as Bernales, and the army’s priest, known as Zegarra, harassed the victim, telling him that “he was harming (with his complaints) those fathers whose sons were finishing the military service”, and they offered Mr. Victor Quispe money “so he could go to have fun in Lima”. Mr. Quispe rejected the offer. Additionally, on the same day the local media reported the presumed death of conscript Quispe Berrocal.
According to the reports, on July 17th 2002, two military officials, who claimed to be lawyers, went to the hospital to see the victim. The public prosecutor had ordered to conduct a psychological test on Mr. Quispe Barrocal , thus the officials were denied access. The two men, reportedly, began to shout insults and threats to the victim. The test was then cancelled, as a result of the distress of the patient.
The International Secretariat of the OMCT condemns this situation, and shares its concern with the human rights organizations in Peru, for the security and physical and psychological integrity of Mr. Rolando Quispe Berrocal, as well as that of his family. The OMCT would like to remind that the Peruvian Penal Code considers torture as a “crime against humanity”.
Brief reminder of the situation:
The International Secretariat of the OMCT received information concerning the case of violence and sexual abuse perpetrated against the conscript Rolando Quispe Berrocal, who was doing his voluntary military service in the “Domingo Ayarza” barracks in Ayacucho.
According to the information obtained from reliable sources, on July 8th 2002, towards 12.00 in the evening, unidentified people knocked the door of the barrack’s warehouse, for which the conscript Quispe Berrocal was that night responsible. To his request of identification the conscript was given as an answer shouts and insults, he apparently recognized the voices and subsequently opened the door. He saw three men wearing balaclavas. They violently pushed him inside, made him smell an unknown substance and then lost consciousness.
The reports added that in the morning of July 9th 2002, the official responsible woke him up, he had not presented himself for breakfast, and as a punishment made him do 20 arm flexions. The conscript could only do 10 as he claimed he was feeling unwell and had a strong stomach ache. The official ordered him to have breakfast but he went instead to the infirmary. He was immediately transferred to Huamanga regional hospital in Ayacucho.
According to the reports Mr. Quispe Barrocal was examined in the emergency room of the hospital and later sent to a specialist. The doctor found a bottle-like container with a fixed light bull on its top inside his rectum. The object had approximately a 5 centimetres diameter, and was 18 centimetres long.
The source stated that Mr. Quispe Barrocal was under military custody in the hospital of Ayacucho. This situation made difficult the access to his family members, to his lawyer, the media, as well as the human rights organisations. It was denounced that military officials had interrogated him, and had made him sign documents that he has not been allowed to read beforehand. They also obliged him to provide his finger print. In addition, it was claimed, a lawyer who was facilitated the access to the conscript’s room, tried to convince the victim to allow him to represent him in court.
The military institution, the reports added, opened charges against the conscript, arguing that his claim was false, and that he was a homosexual who introduced the object into his body himself. Mr. Quispe Barrocal recognized and identified the voices of his two aggressors.
Requested action:
Please write to the authorities in Peru urging them to:
i. Take immediately the necessary measures to ensure the security and physical and psychological integrity of Mr. Quispe Berrocal, as well as that of his family members;
ii. Take immediately the necessary action to end the harassment and the threats against the lives of the victim and his family;
iii. Carry out an immediate, thorough and impartial investigation within a common law framework, in order to identify those responsible, bring them to trial and apply the adequate penal, civil and/or administrative sanctions in accordance to the law;
iv. Guarantee Mr. Rolando Quispe Berrocal the right to reparation;
v. Guarantee in all circumstances the respect of the human rights and fundamental freedoms in conformity with the national legislation and the international human rights standards, in particular with the dispositions of the American Convention on Human Rights, the International Covenant on Civil and Political Rights, and the Convention Against Torture.
Addresses:
· Dr. Alejandro Toledo, Presidente de la República ;
Calle Palacio de Gobierno s/n Plaza Mayor, Lima. Perú Teléfono: (+ 51 1) 222 36 66.
· Dra. Nelly Calderón Navarro; Fiscal de la Nación ; e-mail : webmaster@mpfn.gob.pe
Av. Abancay Cdra. 5 s/n, Lima. Perú. Telefax: (+ 51 1) 426 28 00
· Sr. Ministro: Fernando Rospigliosi, Ministerio del Interior, Canaval y Moreyra, Cdra. 6, Lima, Perú. Tel.: (+ 51 1) 225 02 02. Fax: (+ 51 1) 222 24 05
· Sr. Ministro: Fernando Olivera Vega; Ministro de Justicia;
Scipión Llona Nº 350, Miraflores, Lima 18. Perú. Teléfono: (+ 51 1) 440 43 10.
Fax: (+ 51 1) 422 35 77
· Sr. Ministro: Aurelio Loret de Mola Bohme ; Ministro de Defensa ;
Av. Arequipa Nº 291, Lima. Perú. Teléfono: (+ 51 1) 433 51 50
Fax: (+ 51 1) 433 69 06
· Dr. Walter Albán Peralta, Defensoría del Pueblo, Jr. Ucayali 388 - Lima, Perú.
Tel.: (+ 51 1) 426 46 26. Fax: (+ 51 1) 426 66 57
· Dr. Ricardo Quispe Pérez, Presidente de la Corte Superior de Justicia de Ayacucho ; Portal Constitución Nº 20 – Palacio de Justicia de Ayacucho, Perú.
Fax: (+ 51 6) 481 36 16. Dr. Esteban Urbano Minaya; Fiscal Superior Decano de Ayacucho
Please write to the diplomatic representations of Peru in your respective countries.
Geneva, July 19th 2002
Kindly inform us of any action undertaken, quoting the code of this appeal in your reply.
Follow up of the Case PER 160702
Threats / Harassment to the victim and his family
Geneva, July 19th 2002
The International Secretariat of the OMCT requests your urgent intervention in the following situation in Peru.
New information:
The International Secretariat of the OMCT has received new information concerning the situation of the conscript Rolando Quispe Berrocal, who was object of a violent attack, torture, and apparent sexual violation in the “Domingo Ayarza” barracks, in Ayacucho.
According to the new information, Mr. Rolando Quispe Berrocal and his family have been victims of threats and harassment. Military officials have continuously harassed Mr. Quispe Berrocal, even in the instances when the prosecutor in charge has been present, and have demanded him to the change his version of the facts.
In the morning of July 15th2002, the reports state, military officials demanded the victim’s father, Mr. Victor Quispe, to leave the hospital where his son was recovering. Later, a military commander known as Bernales, and the army’s priest, known as Zegarra, harassed the victim, telling him that “he was harming (with his complaints) those fathers whose sons were finishing the military service”, and they offered Mr. Victor Quispe money “so he could go to have fun in Lima”. Mr. Quispe rejected the offer. Additionally, on the same day the local media reported the presumed death of conscript Quispe Berrocal.
According to the reports, on July 17th 2002, two military officials, who claimed to be lawyers, went to the hospital to see the victim. The public prosecutor had ordered to conduct a psychological test on Mr. Quispe Barrocal , thus the officials were denied access. The two men, reportedly, began to shout insults and threats to the victim. The test was then cancelled, as a result of the distress of the patient.
The International Secretariat of the OMCT condemns this situation, and shares its concern with the human rights organizations in Peru, for the security and physical and psychological integrity of Mr. Rolando Quispe Berrocal, as well as that of his family. The OMCT would like to remind that the Peruvian Penal Code considers torture as a “crime against humanity”.
Brief reminder of the situation:
The International Secretariat of the OMCT received information concerning the case of violence and sexual abuse perpetrated against the conscript Rolando Quispe Berrocal, who was doing his voluntary military service in the “Domingo Ayarza” barracks in Ayacucho.
According to the information obtained from reliable sources, on July 8th 2002, towards 12.00 in the evening, unidentified people knocked the door of the barrack’s warehouse, for which the conscript Quispe Berrocal was that night responsible. To his request of identification the conscript was given as an answer shouts and insults, he apparently recognized the voices and subsequently opened the door. He saw three men wearing balaclavas. They violently pushed him inside, made him smell an unknown substance and then lost consciousness.
The reports added that in the morning of July 9th 2002, the official responsible woke him up, he had not presented himself for breakfast, and as a punishment made him do 20 arm flexions. The conscript could only do 10 as he claimed he was feeling unwell and had a strong stomach ache. The official ordered him to have breakfast but he went instead to the infirmary. He was immediately transferred to Huamanga regional hospital in Ayacucho.
According to the reports Mr. Quispe Barrocal was examined in the emergency room of the hospital and later sent to a specialist. The doctor found a bottle-like container with a fixed light bull on its top inside his rectum. The object had approximately a 5 centimetres diameter, and was 18 centimetres long.
The source stated that Mr. Quispe Barrocal was under military custody in the hospital of Ayacucho. This situation made difficult the access to his family members, to his lawyer, the media, as well as the human rights organisations. It was denounced that military officials had interrogated him, and had made him sign documents that he has not been allowed to read beforehand. They also obliged him to provide his finger print. In addition, it was claimed, a lawyer who was facilitated the access to the conscript’s room, tried to convince the victim to allow him to represent him in court.
The military institution, the reports added, opened charges against the conscript, arguing that his claim was false, and that he was a homosexual who introduced the object into his body himself. Mr. Quispe Barrocal recognized and identified the voices of his two aggressors.
Requested action:
Please write to the authorities in Peru urging them to:
i. Take immediately the necessary measures to ensure the security and physical and psychological integrity of Mr. Quispe Berrocal, as well as that of his family members;
ii. Take immediately the necessary action to end the harassment and the threats against the lives of the victim and his family;
iii. Carry out an immediate, thorough and impartial investigation within a common law framework, in order to identify those responsible, bring them to trial and apply the adequate penal, civil and/or administrative sanctions in accordance to the law;
iv. Guarantee Mr. Rolando Quispe Berrocal the right to reparation;
v. Guarantee in all circumstances the respect of the human rights and fundamental freedoms in conformity with the national legislation and the international human rights standards, in particular with the dispositions of the American Convention on Human Rights, the International Covenant on Civil and Political Rights, and the Convention Against Torture.
Addresses:
· Dr. Alejandro Toledo, Presidente de la República ;
Calle Palacio de Gobierno s/n Plaza Mayor, Lima. Perú Teléfono: (+ 51 1) 222 36 66.
· Dra. Nelly Calderón Navarro; Fiscal de la Nación ; e-mail : webmaster@mpfn.gob.pe
Av. Abancay Cdra. 5 s/n, Lima. Perú. Telefax: (+ 51 1) 426 28 00
· Sr. Ministro: Fernando Rospigliosi, Ministerio del Interior, Canaval y Moreyra, Cdra. 6, Lima, Perú. Tel.: (+ 51 1) 225 02 02. Fax: (+ 51 1) 222 24 05
· Sr. Ministro: Fernando Olivera Vega; Ministro de Justicia;
Scipión Llona Nº 350, Miraflores, Lima 18. Perú. Teléfono: (+ 51 1) 440 43 10.
Fax: (+ 51 1) 422 35 77
· Sr. Ministro: Aurelio Loret de Mola Bohme ; Ministro de Defensa ;
Av. Arequipa Nº 291, Lima. Perú. Teléfono: (+ 51 1) 433 51 50
Fax: (+ 51 1) 433 69 06
· Dr. Walter Albán Peralta, Defensoría del Pueblo, Jr. Ucayali 388 - Lima, Perú.
Tel.: (+ 51 1) 426 46 26. Fax: (+ 51 1) 426 66 57
· Dr. Ricardo Quispe Pérez, Presidente de la Corte Superior de Justicia de Ayacucho ; Portal Constitución Nº 20 – Palacio de Justicia de Ayacucho, Perú.
Fax: (+ 51 6) 481 36 16. Dr. Esteban Urbano Minaya; Fiscal Superior Decano de Ayacucho
Please write to the diplomatic representations of Peru in your respective countries.
Geneva, July 19th 2002
Kindly inform us of any action undertaken, quoting the code of this appeal in your reply.