TABLE OF CONTENTS

Introduction ...... 1

1. The legacy of widespread abuses ...... 3 Legal shortcomings ...... 4 Breaches of legal requirements ...... 6 The use of confessions extracted under duress as evidence ...... 7 Armed forces and law enforcement ...... 8 Recent reforms ...... 8

2. Two decades of impunity ...... 9 Opportunities to combat impunity ...... 10

3. Torture and ill-treatment since February 1998 ...... 11 Military courts ...... 11 Failure to implement domestic legislation ...... 12 No independent investigations ...... 13 Harassment and intimidation of victims ...... 13 Suspension from duty ...... 14 The medical profession ...... 14

4. Torture and ill-treatment by the police and armed forces ...... 15 Procedural irregularities ...... 15 Special Commission ...... 17

5. Torture and ill-treatment in prisons ...... 17 Cruel, inhuman and degrading conditions ...... 18 Prison protests...... 20

6. Torture and ill-treatment of military personnel in military bases and barracks ...... 20

7. When the victim is a child ...... 21

8. Conclusions and Recommendations ...... 23 a. Recommendations to the police and other law enforcement officials ...... 23 b. Recommendations to the judiciary ...... 25 c. Recommendations to the medical profession ...... 27 d. Recommendations for personnel in charge of prisons and police custody ...... 27

9. Cases of torture and ill-treatment ...... 29 a. Cases of torture and ill-treatment by the security forces ...... 29 b. Cases of torture and ill-treatment in prisons ...... 46 c. Cases of torture and ill-treatment of military personnel in military bases and barracks ...... 50 d. Cases of torture and ill-treatment of children and young people under 18 ...... 55

PERU Torture and ill-treatment – Time to put words into practice

Introduction

Despite major political changes in , and a renewed commitment to human rights by those in power, torture and ill-treatment remain a serious problem. This legacy of more than 20 years of violence and impunity cannot be eradicated without a serious and extensive program of action by the authorities.

Recent victims of torture and ill-treatment include political prisoners, especially those held on “”-related charges, ordinary criminal suspects and military conscripts. They include children as well as adults, women as well as men. During the 20 years of internal armed conflict in Peru, both government and armed opposition forces committed serious and widespread human rights abuses, including torture and ill-treatment. As the intensity of internal armed conflict in Peru has decreased,1 the torture and ill-treatment of ordinary criminals has started to emerge as a more prominent problem.

The perpetrators of torture and ill-treatment identified in this report are mostly police officers, but also prison guards and military personnel. Most victims report that they were ill-treated or tortured in police custody during the pre-trial investigation phase, in order to force them to confess to a crime. Police and prosecutors rely heavily, often solely, on confessions to secure convictions. Confessions extracted under torture and ill-treatment have been admitted as evidence in court, even when later withdrawn or shown to have been extracted under duress. Torture is also used to punish detainees and prisoners.

Torture methods documented in this report include electro-shock torture, asphyxiation, near-drowning, beating, sexual abuse including rape, denial of food and psychological torture.

1 According to the latest reports received by , the Movimiento Revolucionario Túpac Amaru (MRTA), Túpac Amaru Revolutionary Movement, is virtually extinct and Sendero Luminoso (SL), Shining Path, is only active in areas of Alto Huallaga and Junín