Peru: Who called the shots?

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Table of Contents

• Amnesty International is a movement of 10 million people which mobilizes the humanity in everyone and campaigns for change so we can all enjoy our human rights. 2
• Our vision is of a world where those in power keep their promises respect international law and are held to account. 2
• We are independent of any government political ideology economic interest or religion and are funded mainly by our membership and individual donations. 2
• We believe that acting in solidarity and compassion with everywhere can change our societies for the better. 2
• CONTENTS 3
• 1. EXECUTIVE SUMMARY 5
• 2. INTRODUCTION THE REAL STATE OF EMERGENCY WAS A HUMAN RIGHTS EMERGENCY 10
• 3. METHODOLOGY 13
• 4. INTERNATIONAL HUMAN RIGHTS LAW ESTABLISHES CLEAR RESPONSIBILITIES FOR AUTHORITIES DURING PROTESTS 14
• 4.1 STATES OF EMERGENCY THE RIGHT TO PEACEFUL ASSEMBLY AND THE USE OF FORCE 14
• 4.2 INDIVIDUAL RESPONSIBILITY OF SUPERIORS IN THE CHAIN OF COMMAND 16
• 5. THE RESPONSIBILITY OF THE COMMANDERS OF THE NATIONAL POLICE OF PERU 17
• 5.1 THE ROLE OF THE PERUVIAN NATIONAL POLICE IN SOCIAL PROTESTS 17
• 5.2 THE ROLE OF COMMANDERS IN OPERATIONS 25
• 5.3 THE COMMANDERS DEPLOYED TROOPS WHO DID NOT HAVE TRAINING IN CONFLICTS AND SOCIAL PROTESTS 37
• 5.4 ABSENCE OF DISCIPLINARY PROCESSES AND ACCOUNTABILITY OF POLICE OFFICERS IN CHARGE 38
• 6. COMMANDERS OF THE ARMED FORCES POSSIBLE RESPONSIBILITY FOR THE KILLINGS IN AYACUCHO 42
• 6.1 SENDING COMBAT FORCES TO SITUATIONS THAT DID NOT MERIT IT 43
• 6.2 PERMISSIVENESS IN THE USE OF LETHAL FORCE BY THE ARMY 44
• 6.3 KNOWLEDGE OF COMMANDERS AND THEIR POSSIBLE LIABILITY FOR OMISSION 46
• 6.4 LACK OF ACTION TO DISCIPLINE MILITARY PERSONNEL FOR POSSIBLE HUMAN RIGHTS VIOLATIONS 48
• 7. POSSIBLE CRIMINAL RESPONSIBILITY OF THE PRESIDENT OF PERU 49
• 7.1 THE PRESIDENTS ROLE AS COMMANDER-IN-CHIEF OF THE ARMED FORCES AND POLICE 49
• 7.2 FOUNDATIONS OF THE POSSIBLE INDIVIDUAL CRIMINAL RESPONSIBILITY OF PRESIDENT DINA BOLUARTE 50
• 7.3 COMMAND RESPONSIBILITY BY OMISSION KNOWLEDGE OF HUMAN RIGHTS VIOLATIONS 56
• 7.4 COMMAND RESPONSIBILITY BY OMISSION FAILURE TO PREVENT AND INTERVENE 58
• 8. THE ROLE OF MINISTERS 68
• 8.1 THE POSSIBLE RESPONSIBILITY OF THE PRESIDENT OF THE COUNCIL OF MINISTERS PCM 68
• 8.2 THE MINISTER OF THE INTERIOR AND THE FAILURE TO SUPERVISE SECURITY AND THE NATIONAL POLICE OF PERU 70
• 8.3 THE POSSIBLE RESPONSIBILITY OF THE MINISTER OF DEFENSE 73
• 9. PARTIAL AND SLOW INVESTIGATIONS DESPITE PROGRESS 75
• 9.1 THE CRIMINAL INVESTIGATION PROCESS IN PERU 75
• 9.2 INVESTIGATIONS AGAINST MEMBERS OF THE POLICE AND THE ARMY PARTIAL PROGRESS AND SENIOR COMMANDERS OVERLOOKED 76
• 9.3 INVESTIGATIONS AGAINST THE PRESIDENT AND HER MINISTERS SLOW AND SUPERFICIAL 77
• 9.4 CHALLENGES AND OBSTACLES TO VICTIMS ACCESS TO JUSTICE 79
• 10. CONCLUSION 80
• 11. RECOMMENDATIONS 81
• AMNESTY INTERNATIONAL IS A GLOBAL MOVEMENT FOR HUMAN RIGHTS. WHEN INJUSTICE HAPPENS TO ONE PERSON IT MATTERS TO US ALL. 85