IMPUNITY. He was Director of Intelligence when it formed the Colina Group. Request of the former military leader will be resolved on Monday 6 and could open the prisons to the Hill. Everything is in the hands of justice.
Calle Cesar Romero.
The former head of the Directorate of Military Intelligence (DINTE) general (r) Juan Rivero Lazo asked the 1 st Special Criminal Anti dismissal (file) his trial for the killing of Barrios Altos.
With this order, filed Friday before closing the attention of the judicial office, becomes the first trial for human rights violation to abide to the legislative decree (DL) 1097.
Rivero The application will be evaluated and probably settled in the next hearing of the trial follows the Colina group in the Callao Naval Base, Monday, 6 September.
is envisaged that this hearing is to terminate the trial and the sentencing schedule. It is unknown what the temperament of the judges of the Criminal Division Special Villa Agnes, Agnes Hilda Taylor and Stone, DL compared to 1097.
Rivero The situation has been upheld several times by the defense minister and promoter of DL 1097, Rafael Rey, as an officer unjustly prosecuted for violation of human rights.
According the indictment, at the time headed the DINTE Rivero created the Colina. Rivero has acknowledged having signed various trades pass intelligence personnel available to the heads of Colina.
Rivero is freely in the Barrios Altos case, but has arrest warrants in other cases, including the massacre of La Cantuta.
will say no to 1097
Meanwhile, it emerged that the National Criminal Court, which is responsible for prosecutions for violation of human rights, declared unconstitutional and unenforceable DL 1097.
"The dismissal and prescribing are not going to happen, are unconstitutional and have said the CT and the Inter-American Court of Human Rights", said La Republica judges of this court.
They noted that the dismissal by the deadline of the investigation does not exist in the Code of Criminal Procedure, 2004 or any other standard, "is a legal monstrosity."
However, the judges themselves have agreed to grant freedom to the defendants for violation of human rights if they show roots in the country and cooperate with the investigation.
"Most prosecuted for these crimes remain at large. Former Minister Agustin Mantilla APRA, prosecuted for the crimes attributed to paramilitary Rodrigo Franco, is free, is common in such cases ", said the source.
is possible that prosecuted for this crime resort to habeas corpus, before temporary judges or alternates, in Lima and provinces to ensure the implementation of DL 1097.
Unconstitutional
For its part, the Nationalist parliamentary group reported that the DL 1097 "affects seriously equality before the law (...), because these benefits come with their own name and it benefits a particular group, despite the seriousness of the crimes perpetrated. "
In this context, Congressman Daniel Abugattás said he will file a constitutional challenge against this standard, it exceeds the jurisdiction of the powers granted to the Executive.
also indicated that a complaint before the Ethics Commission the chairman of the Judiciary Committee, Rolando Sousa, because it included the procedural issue in the powers granted which has benefited clients Nakazaki study, which was part.
Minister King said that is not to give impunity but to file the cases where there is no evidence.
Amnesty
Backspace. "The legislative decrees adopted in Peru lay the groundwork for a possible amnesty disguised," said Susan Lee, director of Amnesty International's Americas Programme (AI).
Convention. The decrees contradict the applicability of the Convention on war crimes and crimes against humanity, and the Rome Statute of the International Criminal Court, of which Peru is a state party.
What says the 1097 Decree
Change of the detention or custody for institutional care hearing, held with the police and military barracks, which repeals tacitly the current requirements for issuing warrant: sufficiency of evidence, worth more than a year and a flight risk.
Change the order of capture of fugitives, accused absent and insubordinate, for economic bail. In addition, the defendant must indicate how much you can pay a bail bond or personal.
dismissal of the case by the excess of the formal period of instruction or research school, what has happened in most cases by the obstacles to provide information. Furthermore, it has the statute of limitations.
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