Gloria
Cano, a lawyer for the human rights organization Asociación Pro Derechos
Humanos (APRODEH), Association for the Defence of Human Rights, has recently
received death threats. The threats appear to be linked to her work on behalf
of the families of three members of the armed opposition group Movimiento
Revolucionario Túpac Amaru (MRTA). These three members were reportedly
extrajudicially executed during a military operation to rescue 72 civilians
taken hostage in the residence of the Japanese Ambassador in 1997, under the
government of former president Alberto Fujimori. It is the latest in a series
of acts of intimidation against APRODEH.
Gloria
Cano was at APRODEH's office in Lima on 20 October 2004, when she received the
threat by text message on her mobile telephone. The message read "Hello
bitch, we are in jail, be aware even of your shadow, you will be reunited with
the 'terrorist' in hell" ("Hola perra, nos estamos en la cárcel,
cuídate hasta de tu sombra, te vas a reunir con el terruco en el infierno
yelmo").
Two
days after receiving the threat, Gloria Cano and other Peruvian human rights
defenders travelled to the USA to appear before the Inter-American Commission
on Human rights, where they reported on the human rights situation in Peru.
Upon her return, Gloria Cano filed a complaint about the threat with the
Attorney General's office on 25 October. The Inter-American Commission on Human
Rights has requested the Peruvian State to provide information on the steps
take to investigate this complaint.
The
threat was received the day after the publication of a press release by APRODEH
raising concerns about the release of Vladimiro Montesinos (former Presidential
Adviser on Intelligence), Nicolás Hermoza Ríos (former Commander in Chief of
the Armed Forces) and Roberto Huamán Azcurra (former head of the Servicio de
Inteligencia Militar (SIE), Military Intelligence Service), who all served during
the administration of former President Alberto Fujimori. They had been in
detention during the last 18 months for their alleged involvement in the
homicide of three members of the MRTA during the military operation in 1997.
Due to delays in the trial, partly caused by the conflict of jurisdiction
between the civilian and military courts, the accused had exceeded the maximum
time for pre-trial detention allowed by law and had to be released before being
sentenced. Gloria Cano has represented the families of the victims since 2001.
Amnesty International believes that this threat is an attempt to intimidate
APRODEH and to force them to drop their campaign to seek truth and justice for
the victims.
In
January 2003, Gloria Cano was surrounded, verbally abused and then beaten by a
group of about 20 unidentified individuals outside APRODEH's office. This
attack appeared to be linked to the campaign launched by APRODEH on 23 January
2003 to extradite Alberto Fujimori from Japan, but was reportedly not investigated
by the authorities.
BACKGROUND
INFORMATION
In
May 2004, the 142 members of the military who took part in the military
operation to rescue the 72 hostages at the Japanese Ambassador's residence in
1997 were all acquitted by a military court of the alleged extrajudicial
execution of at least three of the MRTA members during the operation. According
to some witnesses, including one of the hostages, and forensic evidence, some
of the MRTA members had surrendered before being shot dead by the military.
APRODEH
has repeatedly been subject to threats and intimidation in response to their
campaigns against human rights violations committed under the government of
Alberto Fujimori. When APRODEH filed a complaint on behalf of the relatives of
the victims of the 1992 La Cantuta University killings, they received several
death threats and wreaths inscribed with the APRODEH's managers' names.
APRODEH
has filed complaints regarding all of these incidents before the Attorney
General's office. However, it appears that none of these acts of intimidation
have been investigated independently and impartially by the authorities.
RECOMMENDED
ACTION: Please send appeals to arrive as quickly as possible, in Spanish or
your own language:
-
expressing concern that human rights lawyer Gloria Cano received a death threat
on 20 October 2004;
-
expressing concern that the attack appears to be an act of intimidation against
Gloria Cano and the staff of the human rights organization APRODEH to force
them to drop the case of the alleged execution of three MRTA members during a
hostage rescue military operation at the Japanese Ambassador's residence in
1997 and their continuing campaign against impunity;
-
asking the authorities to report on their action taken to address all of the
complaints filed by Gloria Cano, urging them to open an independent and
impartial investigation into the threats and attack, make the findings public,
and bring the perpetrators to justice;
-
expressing concern for the safety of members of APRODEH and other non-government
organizations campaigning for an end to impunity in cases of serious human
rights violations by members of the security and armed forces;
-
urging the authorities to ensure that such acts of intimidation against human
rights defenders do not take place again and that human rights defenders can
carry out their legitimate work without fear of reprisals;
-
calling on the authorities to provide adequate protection for Gloria Cano and
staff of the human rights organization APRODEH.
APPEALS
TO:
Attorney
General
Dra.
Nelly Calderón Navarro
Fiscalía de la Nación
Av.
Abancay, cuadra 5 s/n
Lima 1
PERÚ
Fax:+51 1 427 1792
Salutation: Dear Attorney
General/Sra. Fiscal de Fiscal de la Nación
Minister of Justice
Dr. Carlos Gamarra Ugaz
Ministro de Justicia
Ministerio de Justicia
Scipión Llona 350
Miraflores
Lima 18
PERÚ
Fax:+51 1 422 3577
Salutation: Dear Minister/Sr.
Ministro
COPIES TO:
Asociación Por Derechos Humanos
APRODEH
Jr. Pachacútec 980
Jesús María, Lima
PERÚ
Email:postmast@aprodeh.org.pe
Fax:
+51 1 431 0477 (if a voice answers, say "tono de fax, por favor")
and
to diplomatic representatives of Peru accredited to your country.
PERUS
AMBASSAD
BRUNNSGATAN
21 B, 2 TR
111 38
STOCKHOLM
FAX
08-20 55 92
E-post:
emba.perusuec@telia.com
Source: Amnesty
International, International Secretariat,
1 Easton Street, WC1X 8DJ, London, United Kingdom
PUBLIC
AI Index: AMR 46/015/2004
12 November 2004
UA 309/04