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Peru: Further information on Intimidation / death threats / fear for safety

, رقم الوثيقة: AMR 46/016/1998

Elba Greta Minaya Calle, judge (f): the judge continues to be a target of intimidation and AI fears for her safety.

PUBLIC AI Index: AMR 46/16/98
6 October 1998
Further information on UA 279/97 (AMR 46/34/97, 20 August 1997) and follow-up
(AMR 46/37/97, 22 September 1997) - Fear for safety
PERUElba Greta Minaya Calle, judge [f]
Peruvian judge Elba Greta Minaya Calle continues to be a target of intimidation.
Amnesty International believes the latest incident experienced by judge Minaya
is one of a series which add up to a systematic campaign of intimidation against
her for the independent exercise of her professional duties, and in particular
for upholding the rule of law and the defence of human rights. The organization
fears for her safety.
According to a complaint filed before the authorities by the Lima Bar
Association, (Colegio de Abogados de Lima), on 22 September 1998 the car in
which judge Minaya was being chauffered in Lima, the capital, was forced to
stop by a car with tinted windows. At the time judge Minaya was being accompanied
by a bodyguard, assigned to her by the National Police of Peru, Policía Nacional
del Perú (PNP), and by a colleague.
A man who got out of the second car approached judge Minaya’s bodyguard and
identified himself as a police officer based at the Cotabambas Police Station
(Delegación de Cotabambas). He claimed to be engaged in “surveillance”
(“seguimiento”), but offered no further reason for stopping the judge’s car.
Due to the series of past threats suffered by judge Minaya, on 29 September
a complaint about the incident was filed by the Lima Bar Association before
the General Inspectorate of the PNP (Inspectoría General de la PNP).
BACKGROUND INFORMATION
The latest incident experienced by judge Minaya comes at a time when the
government of President Alberto Fujimori is increasingly being criticized for
undermining democracy and the rule of law (Estado de Derecho) in Peru. Critics
claim that Peru is being ruled by “a civic-military government” (“un gobierno
cívico-militar”). The executive power, on occasions directly and on others
with the connivance of the legislature, are accused of interfering in the
decision-making processes of the judiciary, often in violation of the
Constitution and the upholding of human rights. As a result, for example, three
Constitutional Tribunal judges (Tribunal Constitucional) were dismissed by
Congress in 1997 for declaring it unconstitutional for President Fujimori to
stand for a third term of office.
Against this background, and despite repeated attempts to threaten judge Minaya
or obstruct her judicial decisions (see Urgent Action 279/97, AI Index AMR
46/34/97, 20 August 1997), she has steadfastly sought to maintain her
independence of action.
FURTHER RECOMMENDED ACTION: Please send telegrams/telexes/faxes/express/
airmail letters in Spanish or in your own language:
- reminding the authorities that judge Elba Greta Minaya Calle has repeatedly
faced threats and other acts of intimidation for her attempts to uphold the
rule of law and defend human rights;
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- expressing concern at the latest act of intimidation against judge Minaya
when, on 22 September 1998, the car in which she was travelling in Lima was
forced to stop by the police without giving any explanation;
- urging the authorities to ensure the safety of judge Minaya and ensure that
she can exercise her judicial duties independently and impartially;
- calling on President Alberto Fujimori to issue a directive affirming the
independence and impartiality of the judiciary and the rule of law;
- reminding the government of Peru of its commitment to the Universal Declaration
of Human Rights, in particular Article 8:” Everyone has the right to an effective
remedy by the competent national tribunals for acts violating the fundamental
rights granted him by the constitution or by law.”
APPEALS TO:
President of the Republic
Presidente Alberto Fujimori
Presidente de la República
Palacio de Gobierno
Plaza de Armas
Lima 1, PERU
Fax: + 51 1 426 6770 / 426 1120 (if someone answers, say “por favor, me puede
dar tono de fax”)
Telegrams: Presidente Fujimori, Lima, Perú
Salutation: Sr. Presidente/ Dear President
Minister of Justice
Alfredo Quispe Correa
Ministro de Justicia
Ministerio de Justicia
Scipión Llona 350
Miraflores
Lima 18, PERU
Fax: + 51 1 422 3577 (if someone answers, say “por favor, me puede dar tono
de fax”)
Telegrams: Ministro de Justicia, Lima, Perú
Salutation: Sr. Ministro/ Dear Minister
COPIES TO:
Lima Bar Association
Colegio de Abogados de Lima
Av. Santa Cruz 255
Esquina Jirón Santander
Miraflores
Lima, PERU
and to diplomatic representatives of Peru accredited to your country.
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat,
or your section office, if sending appeals after 17 November 1998.
" Everyone has the right to an effective remedy by the competent national
tribunals for acts violating the fundamental rights granted him by the
constitution or by law."
Article 8, Universal Declaration of Human Rights
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Visit the Amnesty International UDHR campaign website on http://www.amnesty.excite.com

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