Innocents fingered by guerrillas now seek
release from prison
By BARBARA J. FRASER
Special to the National Catholic Reporter Lima,
Peru
Church workers, long at the forefront of human rights issues here,
are working today on behalf of several thousand innocent people imprisoned on
charges of terrorism or treason under the draconian anti-terrorism legislation
enacted by President Alberto Fujimoris government in the early 1990s.
The imprisoned innocents represent the newest arena of human
rights abuses in a country long plagued by such problems.
For more than a dozen years leading up to 1992, human rights
workers in Peru -- many in offices supported by the Catholic church -- focused
almost exclusively on cases related to the countrys political
violence.
Mass killings and extrajudicial executions were committed by both
the Peruvian military and the Maoist Shining Path guerrillas. Torture and
disappearances were common as recently as 1992, the year nine university
students and a professor were abducted from the Teachers College in Lima, and
the year a medical student, the son of a prominent doctor, was forced into the
trunk of a police car in full view of TV cameras, driven to an unknown location
and shot to death.
Much changed in Peru on Sept. 12, 1992, the night Shining Path
leader Abimael Guzman was captured in a suburban safe house with the
groups other top members. The charges of gross human rights abuses
tapered off, and to the world, Peru presented the face of a country returning
to normal.
But normal became frightening.
Most of the innocents now in prison were tried and condemned in
brief trials in military courts by anonymous judges. Defendants usually did not
know the source of the charges against them and were not permitted to present
evidence in their defense. The trials lasted a matter of hours; the sentences
range from 10 years to life.
Some were arrested simply because they had the same name as a
suspected terrorist. Many were fingered by members of the Shining Path or
Perus other guerrilla group, the Tupac Amaru Revolutionary Movement, who
traded information for amnesty under a law passed in 1992. Unable to provide
the number of names required by police, some of these repentant
terrorists named innocent people.
No one really knows
I dont think anyone really knows for sure how many
innocent people are still in jail, said Ivan Bazan, head of the
ecumenical human rights organization FEDEPAZ.
The justice minister has said there are about 400. We think
the real figure is substantially higher.
In August 1996, the government agreed to a yearlong review of
cases by an ad hoc commission made up of Ombudsman Jorge Santistevan de
Noriega, the countrys minister of justice, and Fr. Hubert Lanssiers, a
Belgian priest of the Sacred Hearts of Jesus and Mary and one of the most
respected figures on Perus human rights scene. Fujimori has known
Lanssiers since the presidents son was a student at the Sacred Hearts
school in suburban Lima.
Observers say it was that personal relationship that convinced the
president, who had steadfastly opposed any review of terrorism cases, to accept
the review commission.
About 2,000 requests for review were submitted to the commission,
Bazan said.
The commissions original mandate was extended in December
for one more year, and human rights workers hope it can continue its work until
all cases are reviewed. The problem, Lanssiers said, is that arrests are still
being made on terrorism charges, so the commission continues to receive new
requests for review. The commission has already gained the release of 462
people, and 400 cases are pending. The ones that remain, Lanssiers said, are
the most difficult.
It is a slow process, partly because human rights lawyers want to
be sure the prisoners whose cases they present to Fujimori are truly innocent
and partly because of the Peruvian judicial systems inefficiency in
handling appeals.
You have to take into account the majesty of the law,
Lanssiers said dryly. If it goes too fast, it isnt
majestic.
For an innocent person, arrest on terrorism charges is a
nightmare: brutal handling by police or military officers, a summary trial,
imprisonment in the terrorist cellblocks in prisons ranging from the
overcrowded Castro Castro in Lima to the infamous Yanamayo outside Puno, at an
altitude of some 13,000 feet. Most of these cases were heard by anonymous
military judges whose faces were hidden and whose voices were distorted to
prevent identification. The defendants were often prevented from presenting
evidence. Peru abolished the faceless judges in October 1997.
Still, for innocent prisoners whose cases have been reviewed by
the commission, the nightmare doesnt end with the presidential
indult.
When an innocent person leaves prison, Lanssiers said,
they have 300 meters -- from the prison gate to the curb -- to come to
grips with reality. Someone said to them, Get your things together.
Youre going. Youre going -- but where?
Most of the innocents, as they are known, are poor
farmers or small merchants from rural parts of the country. They are released
with only the clothes they are wearing. Their identity documents, indispensable
for voting and getting a job, are not returned to them. They dont even
have bus fare.
A short time later, 90 percent of these people say they were
better off in prison, Lanssiers said. At least there they had food
and shelter.
An indult is not exactly a pardon. Human rights activists argued
against presidential pardons for the prisoners, because they were not guilty
but had been imprisoned on spurious charges. From the beginning, the indults
gained only the prisoners release from prison. The charges remained on
their police records, effectively blocking any possibility of future employment
and increasing their chances of being rearrested.
One step forward came in December, when Congress approved a
measure to clear the indult recipients records. Even the new measure,
however, does not provide automatic safety.
Compensation proposed
Its easier to apply this new law with those who have
been released recently, said Sofia Macher, executive secretary of the
National Human Rights Coordinating Committee, an umbrella group of human rights
organizations. Many [who were released earlier] have already returned to
their homes, and it is difficult to locate them. The government argues
that it does not have funds budgeted for financial compensation for the
innocents, but the coordinating committee has proposed other forms of
compensation as well, including access to social security, free schooling for
children and reinstatement in former jobs.
Not all of the people whose names were listed by repentant
terrorists ended up in prison. Warrants are still out for the arrest of many,
and this is another issue that worries human rights groups.
Were sure there are innocent people on these lists of
warrants, Macher said.
According to the Ombudsmans Office, there are about 5,000
warrants outstanding on terrorism charges, most for people in rural areas, but
there is no way of knowing how many are innocent. Those whose names are on the
list live under a constant, menacing cloud. When they travel and pass
through police controls, the police review the lists and extort money from
them, Macher said. They dont arrest them. They make them pay
in order to pass the control post.
Macher would like the ad hoc commission to review these cases as
well, but so far the commission has declined doing so. The only way people on
the warrant list can have their cases reviewed is to turn themselves in
voluntarily and go to prison. Then they can ask the ad hoc commission for a
review.
But the outcome of that process cannot be guaranteed, Macher said,
and innocent people may spend months or years unjustly imprisoned while their
cases are reviewed.
Still, there are signs of hope. One judge in the southern highland
city of Cusco reviewed the cases of several people whose names appeared on the
arrest list, declared them innocent and ordered their names removed.
And public opinion about the innocents has changed. The fact
that the public is aware that there are innocent people [in prison], that
innocent people were sentenced is a step forward, Macher said.
Until a couple of years ago, no one believed that. They said human rights
organizations defended terrorists. Now no one doubts that what we said was
true.
National Catholic Reporter, February 19,
1999
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