Peru
07.06.00
Urgent Interventions
'Peru: Risk of judicial persecution
URGENT APPEAL -THE OBSERVATORY
PER 002 / 0006 / OBS 049
Risk of judicial persecution
PERU
7th June 2000
The Observatory for the Protection of Human Rights Defenders, a joint programme of the FIDH and the OMCT, requests your urgent intervention in the following situation in Peru.
Brief description of the situation
The Observatory has received alarming information concerning the lawyer Martha Cueva Muñoz, defender of human rights and legal adviser to the Comité Vicarial de Derechos Humanos del Vicariato Apostólico de Pucallpa, department of Ucayali. It is alleged that there is an attempt to implicate her in the trial of other persons accused of various crimes with the intent of including also the crime of terrorism.
According to reports from the National Coordination for Human Rights, in December 1998, during the violent eviction of 10 families which occupied some property on the Yansen sawmill, the persons concerned and the owners of the sawmill requested that Sra. Cueva Muñoz should intervene. Subsequently, the owners of the sawmill started penal proceedings against the evicted families whom they accused of crimes against public safety, public order, arson, homicide, abuse of authority etc.
At present, the plaintiffs attempted to broaden the original charges by including the crime of terrorism and implicating in it Sra. Martha Cueva Munoz. Although this request was refused by the provincial prosecutor of Coronel Portillo, the Prosecutor of the Republilc has filed an appeal procedure which has been submitted to the Superior Prosecutor of Ucayali, Dr. Lorenzo Angulo Rodriguez for decision.
The Observatory shares the concern of the National Coordination on Human Rights in view of the attempt to accuse Martha Cueva Munoz, which is regarded as interference in the exercise of her legitimate activities in addition to an undoubted risk to her safety and personal liberty in view of what has happened in many other cases.
Action requested
Write to the Peruvian authorities urging them to:
i. put an end to every form of harassment, including judicial harassment directed at Martha Cueva Munoz and adopt appropriate measures in order to guarantee the respect of her liberty and personal safety;
ii. order an immediate and impartial investigation into the accusations referred to above and of any act or omission to act that impinges on the liberties and fundamental rights of the lawyer Martha Cueva Munoz in order that those responsible may be punished according to the laws in force;
iii. ensure the implementation of the provisions of the Declaration on Human Rights Defenders adopted by the United Nations General Assembly on December 9th 1998, in particular the right of everyone "individually and in association with others to promote and to strive for tshe protection and realization of human rights and fundamental freedoms at the national and international levels". (Art,1) and the obligation of the State to ensure "the protection by the competent authorities of everyone, individually and in association with others against any violence, threats, retaliation, de facto and de jure adverse dsiscrimination, pressure ors any other arbitrary action as a consequence §of his or her legitimate exercise of the rights referred to in the present Declaration". (Art.12.2)
iv. in general act in accordance with the provisions of the Universal Declaration of Human Rights and the international Covenants and Conventions ratified by Perù.
Addresses:
Sr. Presidente Alberto Fujimori, Presidente de la República del Perú, Palacio de Gobierno, Av. Paseo de la República 4297, Surquillo, Lima, Peru, fax: (+ 51) 1 432 65 35;
(+ 51) 1 426 67 70
Dr. Alberto Bustamante, Primer Ministro, Ucayali 363, Lima, Perú
Dr. Jorge Santistevan y de Noriega, Defensor del Pueblo, Defensoría del Pueblo, Jr. Ucayali 388, Lima 1, PERU. Fax: (+ 51) 1 426 66 57
Dr. Lorenzo Angulo Rodríguez, Fiscal Superior de Ucayali, Fiscalia Superior de Ucayali, Cdra. 6 Av. San Martín, Coronel Portillo, Pucallpa, Ucayali, Lima, Perú
Diplomatic representatives of Peru in your respective countries.
Geneva - Paris, 7th June 2000
Kindly inform the Observatory of any action undertaken quoting the code number of this appeal in your reply.
The Observatory, a joint FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
To contact the Observatory, call the Emergency line :
Fax : 33 (0) 1 55 80 83 92 - Tel: FIDH 33 (0) 1 43 55 20 11
OMCT + 41 22 809 49 39 - E.Mail : observatoire@iprolink.ch
PER 002 / 0006 / OBS 049
Risk of judicial persecution
PERU
7th June 2000
The Observatory for the Protection of Human Rights Defenders, a joint programme of the FIDH and the OMCT, requests your urgent intervention in the following situation in Peru.
Brief description of the situation
The Observatory has received alarming information concerning the lawyer Martha Cueva Muñoz, defender of human rights and legal adviser to the Comité Vicarial de Derechos Humanos del Vicariato Apostólico de Pucallpa, department of Ucayali. It is alleged that there is an attempt to implicate her in the trial of other persons accused of various crimes with the intent of including also the crime of terrorism.
According to reports from the National Coordination for Human Rights, in December 1998, during the violent eviction of 10 families which occupied some property on the Yansen sawmill, the persons concerned and the owners of the sawmill requested that Sra. Cueva Muñoz should intervene. Subsequently, the owners of the sawmill started penal proceedings against the evicted families whom they accused of crimes against public safety, public order, arson, homicide, abuse of authority etc.
At present, the plaintiffs attempted to broaden the original charges by including the crime of terrorism and implicating in it Sra. Martha Cueva Munoz. Although this request was refused by the provincial prosecutor of Coronel Portillo, the Prosecutor of the Republilc has filed an appeal procedure which has been submitted to the Superior Prosecutor of Ucayali, Dr. Lorenzo Angulo Rodriguez for decision.
The Observatory shares the concern of the National Coordination on Human Rights in view of the attempt to accuse Martha Cueva Munoz, which is regarded as interference in the exercise of her legitimate activities in addition to an undoubted risk to her safety and personal liberty in view of what has happened in many other cases.
Action requested
Write to the Peruvian authorities urging them to:
i. put an end to every form of harassment, including judicial harassment directed at Martha Cueva Munoz and adopt appropriate measures in order to guarantee the respect of her liberty and personal safety;
ii. order an immediate and impartial investigation into the accusations referred to above and of any act or omission to act that impinges on the liberties and fundamental rights of the lawyer Martha Cueva Munoz in order that those responsible may be punished according to the laws in force;
iii. ensure the implementation of the provisions of the Declaration on Human Rights Defenders adopted by the United Nations General Assembly on December 9th 1998, in particular the right of everyone "individually and in association with others to promote and to strive for tshe protection and realization of human rights and fundamental freedoms at the national and international levels". (Art,1) and the obligation of the State to ensure "the protection by the competent authorities of everyone, individually and in association with others against any violence, threats, retaliation, de facto and de jure adverse dsiscrimination, pressure ors any other arbitrary action as a consequence §of his or her legitimate exercise of the rights referred to in the present Declaration". (Art.12.2)
iv. in general act in accordance with the provisions of the Universal Declaration of Human Rights and the international Covenants and Conventions ratified by Perù.
Addresses:
Sr. Presidente Alberto Fujimori, Presidente de la República del Perú, Palacio de Gobierno, Av. Paseo de la República 4297, Surquillo, Lima, Peru, fax: (+ 51) 1 432 65 35;
(+ 51) 1 426 67 70
Dr. Alberto Bustamante, Primer Ministro, Ucayali 363, Lima, Perú
Dr. Jorge Santistevan y de Noriega, Defensor del Pueblo, Defensoría del Pueblo, Jr. Ucayali 388, Lima 1, PERU. Fax: (+ 51) 1 426 66 57
Dr. Lorenzo Angulo Rodríguez, Fiscal Superior de Ucayali, Fiscalia Superior de Ucayali, Cdra. 6 Av. San Martín, Coronel Portillo, Pucallpa, Ucayali, Lima, Perú
Diplomatic representatives of Peru in your respective countries.
Geneva - Paris, 7th June 2000
Kindly inform the Observatory of any action undertaken quoting the code number of this appeal in your reply.
The Observatory, a joint FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
To contact the Observatory, call the Emergency line :
Fax : 33 (0) 1 55 80 83 92 - Tel: FIDH 33 (0) 1 43 55 20 11
OMCT + 41 22 809 49 39 - E.Mail : observatoire@iprolink.ch