Peru: Judge Prosecuted

ase PER 150897.1
Follow-up of Case PER 150897

The International Secretariat of OMCT has been informed of new and
disquieting measures taken in connection with the case of the judge
Elba Greta MINAYA CALLE, as a result of which you are requested to
intervene and approach most URGENTLY the authorities of Peru.

Brief reminder of the facts :
In the appeal mentioned above and at the request of APRODEH-Human
Rights Association, a member of the network, the International
Secretariat informed you that on August 13th 1997 the authorities
published a resolution authorising the Public Prosecutor for cases of
Terrorism to file a penal charge against Dr. Elba Greta MINAYA CALLE,
judge at the 37th Penal Court of Lima, for presumed crimes of violence
and resistance to the authorities, abuse of authority against
jurisdictional officials and terrorism.

This resolution was motivated by the decision of Judge MINAYA CALLE,
on June 12th 1997, to declare well-founded a procedure in Habeas
Corpus and to order the release of Carmen Caceres Hinostroza, detained
without valid judicial charges at the DINCOTE (National Directorate
Against Terrorism).

This situation gives rise to fears for the freedom and personal safety
of Dr. Elba Greta MINAYA CALLE who could be arrested by virtue of the
Antiterrorist Law N/25474 and detained in the DINECOTE, a body
renowned for its frequent use of cruel, inhuman or degrading
treatment.

New information :
The International Secretariat has received information indicating that
on August 16th, due to the national and international reaction, a new
resolution was adopted cancelling the charge of terrorism. However,
this resolution authorises continuation of the prosecution of Judge
Elba Greta MINAYA CALLE by means of a complaint to the Organ of
Control over the Magistrature reserving the right to decide further on
any other action against the judge.

According to reports this situation is aggravated by the threats
against the life and safety of Dr. Elba Greta MINAYA CALLE as well as
against members of the APRODEH in reprisal for their activities in
favour of Judge MINAYA CALLE.

Observations :
The International Secretariat requests you to continue urgent
representations to the Peruvian authorities, urging them to :

i.	revoke the resolution authorising the continuation of proceedings
against Judge Elba Greta MINAYA CALLE and put an end to all forms of
persecution, intimidation or threats levelled against her;

ii.	adopt all necessary measures to ensure respect for the physical
and psychological integrity of Judge Elba Greta MINAYA CALLE as well
as of members of the APRODEH and other persons or organisations which
may have expressed support for Judge MINAYA CALLE;

iii.	ensure the full respect of the impartiality and independence of
the judicial power as required by the Human Rights Committee;

iv.	ensure the effective respect of human rights and fundamental
freedoms in accordance with national legislation and international
standards.



Addresses :
S.E. Ing. Alberto Fujimori, Presidente de la República del Perú,
Palacio de Gobierno, Plaza de Armas, Lima 1, Perú. Fax (+ 511) 4266770
(o Secretaria de Prensa 511 4266353)

Doctor Carlos Torres y Torres Lara, Presidente del Congreso, Plaza
Bolovar s/n Lima, Perú. Fax: (+511) 4268290.

General EP Edgar Villanueva Rueda, Ministro del Interior, Plaza 30 de
Agosto 150 San Isifro, Lima, Perú. Fax (+ 511) 2242405

Dr. Alfredo Quispe Correa, Ministro de Justicia, Ministerio de
Justicia, Av. Emancipación y Lampa, Lima, Perú. Fax (+ 511) 4223577

Doctor Mario Cavagnaro Basile, Procurador para asuntos de Terrorismo,
Ministerio del Interior, Plaza 30 de Agosto 150 San Isidro, Lima,
Perú. Fax: (+511) 2242405

The Peruvian Embassy in your respective countries..

Geneva, August 25th 1997

Kindly inform us of any action undertaken quoting the code number of
this appeal in your reply.
Ben Schonveld
Projects Manager
OMCT-SOS-Torture
Fax 4122 733 1051
Ph  4122 733 3140
OMCT is: l'Organisation Mondiale contre la Torture
         The World Organisation Against Torture

The Human Rights Action Network, a part of Derechos Human Rights, distributes appeals on behalf of victims of human rights violations. You are invited to join the network. Please check the date of the present action and do not write if it's over a month old.