A/HRC/7/2
page 64
281. In October 2007, the Working Group received a seven-page communication from the
Government. In this communication, the Government provided information on the actions
implemented regarding the issue of enforced disappearances in Peru. Mention was made of the
Amnesty Law, and the fact that the Peruvian State acknowledged that the Amnesty Law lacked
legal effect, and constituted an obstacle for the investigation and punishment of those responsible
for the violation of the right to justice and truth. Reference was also made to the Truth and
Reconciliation Commission, to the National Council for Reparations, and to the High-level
Cross-Sector Commission in charge of following up on State actions and policies regarding
peace, collective reparation and national reconciliation. The communication further referred to
Law 28413 on enforced disappearances, which aims at providing family members of victims of
enforced disappearance from 1980 to 2000 with the necessary tools for their rights to be
acknowledged. In connection with this, the Ombudsman Office may provide the families of the
victims with a certificate of absence through enforced disappearance, which enables the family
to start pertinent procedures and acknowledges the status of the disappeared person. The
Working Group was also informed that during 2004 and 2005, Provincial Prosecutor Offices,
Courts and a National Criminal Division were created for the investigation and prosecution of
human rights violations, including enforced disappearances.
Information from sources
282. No information was received from sources regarding outstanding cases.
General allegation
283. In 2006, information was submitted by NGOs to the Working Group concerning
obstacles allegedly encountered in the implementation of the Declaration by the Government of
Peru. This information was transmitted to the Government.
284. In a communication dated 21 December 2006, the Government of Peru responded to the
Working Group’s general allegation described in the 2006 report (A/HRC/4/41).
285. The Government stated:
“Since the current Minister of Defence was appointed in July 2006, he has ordered
the armed forces to provide as much assistance and information as possible to judges and
prosecutors in order to clarify any acts in which its personnel may have been involved, and
this order is being complied with fully.
“Despite these efforts, it has been impossible in some cases to provide the
information requested, because there is no record of the circumstances surrounding the acts
in question.
“The use of pseudonyms by armed forces personnel who served in
counter-subversion bases is one reason for this. The armed forces have no records of these
pseudonyms, as these were a protection mechanism used by all personnel over short
periods while undertaking missions. Furthermore, it has been found that the same
pseudonym has been used by more than one person. In the case of personnel who served in
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