Peru
19.06.00
Urgent Interventions
Peru: threats / Grave risks
URGENT APPEAL -THE OBSERVATORY
Original : Spanish
PER 003 / 0006 / OBS 054
Threats / Grave risks
PERU
19th 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 been informed of the grave threats to the life and personal safety of Jesús Agreda Paredes, President of the Tacna Association for the Defence of Human Rights (ADDEH-Tacna), Peru, an institution which is part of the National Co-ordination on Human Rights.
According to information received from the Co-ordination, on June 12th at approximately 08.50 hours the wife of Jesus Agreda received an anonymous phone call at her home. A man's voice said: "Tell your husband not to meddle in the Pachia case, because otherwise we shall kill him."
This threat is a consequence of the legal defence undertaken by ADDSH-Tacna in the case of the torture and death of Nelson Tiburcio Diaz Marcos, who was detained in Pachia on May 12th 2000 at approximately 15:00 hours by a member of the police force: Victor Pachas Manani. On the same day, the 12th of May, at about 21:00 hours, another police official, Carlos Laqui, came to the Diaz Marcos home to report that he had died. The victim bore evident signs of torture. In view of these two facts a penal complaint was lodged with the Provincial Prosecutor of Tacna for qualified homicide and against the justice administration and the police agents Victor Pachas Manani and Carlos Laqui. However, on June 6th ADDEH-Tacna requested a broadening of the complaint to include the crime of torture followed by death.
The Observatory recalls that the Declaration on Human Rights Defenders adopted by the General Assembly of the United Nations on December 9th l998 recognises inter alia that everyone has the right, individually and in association with others, to offer and provide professionally qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms (Art.9.3.C); that it obliges the State to conduct a prompt and impartial investigation into every violation of human rights and fundamental liberties (Art. 9.5) and guarantee the protection of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or 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.
Action requested
Please write to the Peruvian authorities urging them to:
1. adopt appropriate measures in order to guarantee respect of the personal freedom and safety of Mr. Jesús Agreda Paredes and his family;
ii. order an impartial and prompt investigation of the threats uttered against Sr. Agreda Paredes in order that those responsible may be identified and incur the penal, civil and /or administrative sanctions in accordance with the laws in force;
iii. ensure the application of the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9th 1998 in particular with reference to the protection of the right of everyone "individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels" as well as the provisions of the above-mentioned articles 9 and 12.
iv. in general act in accordance with the provisions of the Universal Declaration of Human Rights and the international Pacts and Conventions , whether universal or regional, ratified by Peru.
Addresses
Presidente Alberto Fujimori, Presidente de la República del Perú, Palacio de Gobierno, Av. Paseo de la República 4297, Surquillo, Lima, Peru, Fax: (+ 51) 1 426 67 70
Dr. Jorge Santistevan y de Noriega, Defensor del Pueblo, Defensoría del Pueblo, Jr. Ucayali 388, Lima 1, PERU. Fax: (+ 51 1) 426 66 57
Dra. Blanca Colán Maguiño, Fiscal de la Nación, Fiscalía de la Nación, Av. Abancay, cuadra 5 s/n Lima 1, Perú. Fax (511) 426 4620
Diplomatic representation of Peru in your respective countries.
Geneva - Paris, 19th June 2000
Kindly inform the Observatory of any action undertaken quoting the code number of this appeal in your reply.
The Observatory, an 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.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line: Fax: +033 (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
Original : Spanish
PER 003 / 0006 / OBS 054
Threats / Grave risks
PERU
19th 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 been informed of the grave threats to the life and personal safety of Jesús Agreda Paredes, President of the Tacna Association for the Defence of Human Rights (ADDEH-Tacna), Peru, an institution which is part of the National Co-ordination on Human Rights.
According to information received from the Co-ordination, on June 12th at approximately 08.50 hours the wife of Jesus Agreda received an anonymous phone call at her home. A man's voice said: "Tell your husband not to meddle in the Pachia case, because otherwise we shall kill him."
This threat is a consequence of the legal defence undertaken by ADDSH-Tacna in the case of the torture and death of Nelson Tiburcio Diaz Marcos, who was detained in Pachia on May 12th 2000 at approximately 15:00 hours by a member of the police force: Victor Pachas Manani. On the same day, the 12th of May, at about 21:00 hours, another police official, Carlos Laqui, came to the Diaz Marcos home to report that he had died. The victim bore evident signs of torture. In view of these two facts a penal complaint was lodged with the Provincial Prosecutor of Tacna for qualified homicide and against the justice administration and the police agents Victor Pachas Manani and Carlos Laqui. However, on June 6th ADDEH-Tacna requested a broadening of the complaint to include the crime of torture followed by death.
The Observatory recalls that the Declaration on Human Rights Defenders adopted by the General Assembly of the United Nations on December 9th l998 recognises inter alia that everyone has the right, individually and in association with others, to offer and provide professionally qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms (Art.9.3.C); that it obliges the State to conduct a prompt and impartial investigation into every violation of human rights and fundamental liberties (Art. 9.5) and guarantee the protection of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or 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.
Action requested
Please write to the Peruvian authorities urging them to:
1. adopt appropriate measures in order to guarantee respect of the personal freedom and safety of Mr. Jesús Agreda Paredes and his family;
ii. order an impartial and prompt investigation of the threats uttered against Sr. Agreda Paredes in order that those responsible may be identified and incur the penal, civil and /or administrative sanctions in accordance with the laws in force;
iii. ensure the application of the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9th 1998 in particular with reference to the protection of the right of everyone "individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels" as well as the provisions of the above-mentioned articles 9 and 12.
iv. in general act in accordance with the provisions of the Universal Declaration of Human Rights and the international Pacts and Conventions , whether universal or regional, ratified by Peru.
Addresses
Presidente Alberto Fujimori, Presidente de la República del Perú, Palacio de Gobierno, Av. Paseo de la República 4297, Surquillo, Lima, Peru, Fax: (+ 51) 1 426 67 70
Dr. Jorge Santistevan y de Noriega, Defensor del Pueblo, Defensoría del Pueblo, Jr. Ucayali 388, Lima 1, PERU. Fax: (+ 51 1) 426 66 57
Dra. Blanca Colán Maguiño, Fiscal de la Nación, Fiscalía de la Nación, Av. Abancay, cuadra 5 s/n Lima 1, Perú. Fax (511) 426 4620
Diplomatic representation of Peru in your respective countries.
Geneva - Paris, 19th June 2000
Kindly inform the Observatory of any action undertaken quoting the code number of this appeal in your reply.
The Observatory, an 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.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line: Fax: +033 (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