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UA 379/91 - Peru: "disappearances": Rafael Magallanes Huaman, Carlos Fabian

, Index number: AMR 46/073/1991

EXTERNAL (for general distribution) AI Index: AMR 46/73/92
Distr: UA/SC
UA 379/91 "DISAPPEARANCES" 8 November 1991
Amnesty International is concerned about the reported "disappearance" of
Rafael Magallanes Huamán and Carlos Fabián following their detention by members
of the army.
According to reports, on 15 October 1991 the army detained the above
two men in the hamlet of Pueblo Nuevo, near the town of Aucayacu, Leoncio Prado
province, Huánuco department, in the presence of villagers. Rafael Magallanes
and Carlos Fabián were reportedly seen being taken inside the Aucayacu army
barracks. On 22 October, a military helicopter was seen landing at the Aucayacu
army barracks. According to several witnesses Rafael Magallanes and Carlos
Fabián were then taken away in the helicopter.
Relatives of the detainees tried to obtain information concerning their
whereabouts at the army barracks in Aucayacu and Tingo María in the department
of Huánuco and at the military base in Tarapoto, San Martín department. However,
military authorities refused to acknowledge their detentions.
Relatives of the detainees presented petitions of habeas corpus and
denounced the detentions to the provincial attorney of Tingo María. According
to reports the military authorities in Tingo María also refused to acknowledge
the detentions when the provincial attorney and the local judge of Tingo María
requested information about Rafael Magallanes Huamán and Carlos Fabián.
For the last two years Peru has been the country from which the largest
number of "disappearances" have been reported to the United Nations Working
Group on Enforced or Involuntary Disappearances.
"Disappearance" is a practice that has been used extensively by the
security forces during the present and previous two governments in Peru, in
their attempt to deal with armed opposition groups that are active in the
country, particularly the Partido Comunista del Perú, "Sendero Luminoso", the
Communist Party of Peru, Shining Path.
Most of the "disappeared" are people detained in areas that are under
state of emergency and political-military command. In most cases the detention
is denied by the authorities. In some cases the fate of the "disappeared"
is clarified when they are transferred to police custody, released, or are
found dead. In the majority of cases, however, the fate of the detainees remains
page 2 of UA 379/91
RECOMMENDED ACTION: Telegrams/telexes/airmail letters:
- expressing concern about the reported "disappearance" of Rafael Magallanes
Huamán and Carlos Fabián, following their detention by the armed forces;
- urging that their whereabouts and legal situation be immediately clarified;
- asking they be given immediate access to a Public Ministry provincial attorney
and a representative of the International Committee of the Red Cross, or brought
before a judge and heir case judicially investigated or released;
- asking that while in detention both be humanely treated and given access
to a lawyer, a doctor and relatives.
Presidente Alberto Fujimori Señor Presidente
Presidente de la República
Palacio de Gobierno
Plaza de Armas
Lima 1, Perú
Telegrams: Presidente Fujimori, Lima, Peru
Telexes: 20167 PE PALACIO
General EP Víctor Malca Villanueva Señor Ministro
Ministro de Defensa
Ministerio de Defensa
Avenida Boulevard
Lima 33, Perú
Telegrams: Ministro Defensa Torres, Lima, Perú
Telexes: 25438 PE COMGREGJ
Embajador Fernando Guillén Salas
Subsecretario de Política Multilateral Señor Embajador
Subsecretaría de Política Multilateral
Ministerio de Relaciones Exteriores
Jr. Ucayali 363
Lima 1, Peru
Telegrams: Sr Subsecretario, Ministerio Relaciones
Exteriores, Lima, Peru
Telexes: 25435 PE ESTADO
Apdo. 11-0764
Lima 11, Perú (Human Rights Organization)
and to diplomatic representatives of Peru in your country.
PLEASE SEND APPEALS IMMEDIATELY. Check with International Secretariat or
your section office if sending appeals after 20 Decmber 1991.

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