Peru: sexually harassed and threatened Mr. Rolando Quispe Berrocal sentenced to 30 days of military conditional imprisonment and US$ 420 fine

Case PER 160702.2
Conscript is sentenced to prison
Follow up of case PER 160702/PER 160702.1
Geneva, August 20th 2002

The International Secretariat of the OMCT has received new information concerning the case of Mr. Rolando Quispe Berrocal who was victim of sexual abuse by members of the Peruvian army.

New information:

The International Secretariat of the OMCT has been informed by reliable sources that Mr. Rolando Quispe Berrocal, who was presumably sexually abused by members of the military in Peru, has been sentenced to 30 days of military conditional imprisonment and the payment of an approximately US$ 420 fine. The sentence was dictated by the Permanent Military Court of Ayacucho.

According to independent sources, on August 2nd 2002 a preliminary investigation was opened on the case of torture against the three sergeants identified by Mr. Quispe Berrocal, who are being searched by the local authorities. However, the report states, the process has been obstructed by the actions of the military jurisdiction that has fined and sentenced the victim to prison, arguing he had made false declarations and had injured himself. This accusation was made after the judicial powers had ordered, through an habeas corpus, the suspension of his military service.

The International Secretariat of the OMCT is concerned for the situation of Mr. Rolando Quispe, and the apparent impunity and arbitrariness that the authorities in Peru seem to enjoy. It notes the lack of measures to guarantee the security and physical and psychological integrity of the victim and his family, who have been subject to threats and harassment by military officials. The OMCT finds worrying the fact that two processes had been opened for the same case: one for falsity against Mr. Rolando Quispe, and the other for abuse of powers against the three identified officials, even though the law number 26999 proscribes that cases of torture must be treated under civilian jurisdiction.

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 (see case PER 160702).

The International Secretariat of the OMCT was later informed by reliable sources about the threats and harassment to which the victim and his family were being subject to. These were made after an investigation was open on the case of sexual abuse perpetrated against the conscript Quispe Berrocal by members of the Peruvian army. According to the reports, on July 15th 2002 army officials went to the hospital were the victim was being treated, and attempted to “throw” the victim’s father, Mr. Victor Quispe, out of the room, and bribe him to change the complaints in return for money. Mr. Quispe did not accept the proposition. A few days later, the officials came back to the hospital and as they were denied access they insulted and threatened the victim. (see case PER 160702.1).

Requested action:

Please write to the authorities in Peru urging them to:

i. Take immediately the necessary measures to guarantee the security and the physical and psychological integrity of Mr. Quispe Berrocal and his family;
ii. Take the necessary measures to carry out a thorough and immediate investigation, within the civil jurisdiction, given that torture is considered in the Peruvian Penal Code as a “Crime Against Humanity”, in order to identify those responsible, take them to a civilian court, and apply the legal, civil and/or administrative sanctions as stated by the law;
iii. Guarantee Mr. Quispe Berrocal the right to an adequate reparation;
iv. Guarantee in all circumstances the respect for human rights and the fundamental liberties, 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 also write to the diplomatic representation of Peru in your respective countries.

Geneva, August 20th 2002.

Kindly inform us of any action taken on this case, quoting the code of this appeal in your answer.