V Inter-American System

AuthorCecilia Medina
Published date01 December 1995
Date01 December 1995
DOIhttp://doi.org/10.1177/016934419501300409
Subject MatterPart B: Human Rights News
Human Rights News
VINTER-AMERICAN SYSTEM
Cecilia Medina
Inter-American Commission on Human Rights
Annual Report
of
the Inter-American Commission on Human Rights 1994, OEAISer.
L/VIII88 Doc. 9rev., 17 February 1995. In the last issue
of
the Quarterly some
of
the
1994 individual cases' reports
of
the Commission were examined. In this issue there is
information on the last report on an individual case; about the sections on the situation
of
Colombia and Cuba; and about the areas in which steps need to be taken to improve the
human rights situation in the continent.
Case No. 11.084, Salinas Sedo et al. against Peru (No. 27/94). This case handles
complaints made to the Commission on behalf
of
14 individuals, thirteen of which were
military offices either on active duty or retired, and one was a civilian, Mr. Jaime Salinas
Lopez Torres, son of Major General Jaime Salinas Sedo, The petitioners complained
of
arbitrary and unlawful detention of the victims; torture and other cruel and degrading
treatment; violation of the right to a fair trial because the victims had been tried by a
military tribunal, not independent and impartial; the condition in which they had been
detained, as they were kept in prisons which lacked the minimum standards provided by
national and international law; violation of the presumption of innocence; and violation
of the victims' right to assemble peacefully. In the case
ofMr.
Salinas Lopez Torres, the
petitioners also complained that, although the Court had decided to dismiss the charges
against him, judicial proceedings had not ended.
According to the petitioners, the facts
of
the case were as follows: on 12 November
1992 a group of Peruvian
Army
officers, on active duty and retired, held a coordination
meeting at a private venue, at which they discussed the feasibility
'of
bringing down the
de facto regime installed in the country since 5 April 1992, for the sole and altruistic
purpose of restoring the democratic system', thereby fulfilling the constitutional duties and
exercising the rights set forth in Articles 74, 82 and 307 of the Political Constitution
of
1979. These constitutional provisions established the duty to respect, implement and
defend the Constitution and the laws of the Nation; the right to rise up in defense
of
constitutional order and against a usurping government; and the duty
of
any citizen to
collaborate in order to restore constitutional rule in the event it has been broken through
acts
of
force. At the end of the meeting, the officers decided,
of
their own accord, to
cancel their plans, which thus remained at the preparatory stage.
At 1a.m., when the meeting had ended and most
of
the participants had returned
home, special forces of the
Army
surrounded the building, which some
of
the victims had
not yet left. At 3:15 a.m., as these people were leaving, the special forces opened fire
without warning. Major General Salinas' car, which he was
aboutto
enter, was hit more
than 80 times, and the driver was wounded.
Later on, the squad stormed the premises and a group of officers and civilians were
arrested by the police and the armed forces, without a warrant. Four of the officers were
tortured and subjected to other forms of unlawful treatment.
The arrested persons were held incommunicado during a period
of
time longer than
provided for under domestic law; were interrogated without their lawyers being present
and subjected to psychological pressure. None of them was brought before a competent
court within the 24 hours established in domestic law.
469

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT