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UA 343/93 - Peru: arbitrary detention / fear of unfair trial: Lily Maribel Olano Elera

, رقم الوثيقة: AMR 46/036/1993

On 24 September 1993 human rights activist Lily Maribel Olano Elera was reportedly arbitrarily detained by police near Picsi prison in Chiclayo, Chiclayo province, department of Lambayeqye. There is concern she may be falsely charged under Peru's anti-terrorist legislation. She is currently detained at the Women's police station of Chiclayo under investigation on suspicion of terrorism-related crimes.

EXTERNAL (for general distribution) AI Index: AMR 46/36/93
Distr: UA/SC
UA 343/93 Arbitrary detention/ Fear of unfair trial 29 September 1993
PERU: Lily Maribel OLANO ELERA, human rights activist
Amnesty International is seriously concerned about the reported arbitrary
detention on 24 September 1993 of human rights activist Lily Maribel Olano
Elera. The organization is also concerned that Lily Oleano may be falsely charged
under Peru's anti-terrorist legislation. In the event of such a charge, Amnesty
International believes she would not be given a fair trial, and that she may
be eventually be given a prison sentence.
According to reports, Lily Maribel Olano was detained by members of the police
in a street near the Picsi prison in Chiclayo, Chiclayo province, department
of Lambayeqye. After her detention she was taken to the Chiclayo branch of
the Dirección Nacional Contra el Terrorismo, DINCOTE, the anti-terrorist unit
of the national police and was later transferred to the Comisaría de Mujeres
de Chiclayo, Women's police station of Chiclayo. She is under investigation
on suspicion of terrorism-related crimes.
Lily Olano was in contact with most of the major human rights organizations
in Lima such as the Instituto de Defensa Legal, IDL, (Institute of legal
Defence), Asociación pro Derechos Humanos, APRODEH, Asociation for Human
Rights, Fundación Ecuménica por el Desarrollo y la Paz, FEDEPAZ, Ecumenic
Foundation for Peace and Development, Comisión Ecuménica de Acción Social,
CEAS, Ecumenic Commission for Social Action. These organizations have
consistently made public their unqualified opposition to the activities of
the armed opposition in Peru.
BACKGROUND
President Alberto Fujimori and his government assumed power on 28 July 1990.
Since then the President has repeatedly stated that his government is pursuing
a policy of unrestricted respect for human rights. In April 1992 President
Fujimori suspended constitutional rule, closed Congress, introduced new
wide-ranging anti-terrorist legislation and appointed new judges.
A new Congress was opened in December 1992 and finally reinstated the 1979
Constitution. In January 1993 the legislative ratified all the anti-terrorism
decrees issued by the executive between May and November 1992. Amnesty
International believes that these decrees are sufficiently wide and imprecise
to allow for the detention of individuals critical of the political, social
and economic system in Peru; of the Government, security forces and other
authorities; and of political and military measures to control the armed
opposition. Indeed, since new anti-terrorism laws came into effect,
journalists, human rights defenders, lawyers, political activists and other
critics with no links to the armed opposition in Peru, have been detained and
charged with terrorism-related offences. Independent human rights
organizations in Peru have claimed that since May 1992 at least 100 people
arrested under such decrees have been falsely charged. Somo of these were
released after months in prison; others remain in prison awaiting trial; and
still others have been convicted and sentenced, in some cases to life
imprisonment. Amnesty International believes that many of these people are
prisoners of conscience or possible prisoners of conscience.
Human rights violations in Peru occur in the context of the government's
counter-insurgency operations directed against the clandestine armed
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opposition group Partido Comunista del Perú, (Sendero Luminoso), PCP, Communist
Party of Peru, (Shining Path) and the Movimiento Revolucionario Túpac Amaru,
MRTA, Túpac Amaru Revolutionary Movement. By the end of 1993 Peru had failed
to reform the laws such that they conform to international fair trial standards.
RECOMMENDED ACTION: Please send telegrams/telexes/faxes and airmail letters
either in Spanish, English or your own language:
- Expressing concern about the reported arbitrary detention by members of the
police of human rights activist Lily Maribel Olano Elera;
- Stating that Amnesty International believes her to have no links whatsoever
with the armed opposition;
- Asking for her immediate release as a prisoner of conscience as she has not
used nor advocated violence.
APPEALS TO
1) Attorney General of Chiclayo
Dr. Nicanor de la Fuente
Fiscal Superior Decano de Chiclayo
Chiclayo
Lambayeque
PERU
Telegrams: Dr. Nicanor de la Fuente, Fiscal Superior Chiclayo, Lambayeque,
Peru
Faxes: 5174 23 2659
Salutation: Sr Fiscal Superior / Dear Attorney General
2) Public Ministry's Attorney General
Dra. Blanca Nélida Colán Maguiña
Fiscal de la Nación
Fiscalía de la Nación
Avda. Azángaro
Lima, PERU
Telegrams: Dra Colán Maguiña, Fiscalía de la Nación, Lima, Peru
Faxes: + 5114 334457
Salutation: Estimada Señora Fiscal de la Nación / Dear Attorney General
COPIES OF YOUR APPEALS TO:
Human Rights Association
Señores
Instituto de Defensa Legal
José Toribio Polo 248
Sta Cruz, Miraflores,
Lima 18,
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 10 November 1993.

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