AI Index: AMR 46/015/2004 - 12 November 2004 -UA 309/04

DEATH THREATS / FEAR FOR SAFETY

GLORIA CANO (F), LAWYER
STAFF OF ASOCIACIÓN PRO DERECHOS HUMANOS (APRODEH)

Gloria Cano, a lawyer for the human rights organization Asociación Pro Derechos Humanos (APRODEH), Association for the Defence of Human Rights, has recently received death threats. The threats appear to be linked to her work on behalf of the families of three members of the armed opposition group Movimiento Revolucionario Túpac Amaru (MRTA).

These three members were reportedly extrajudicially executed during a military operation to rescue 72 civilians taken hostage in the residence of the Japanese Ambassador in 1997, under the government of former president Alberto Fujimori. It is the latest in a series of acts of intimidation against APRODEH.

Gloria Cano was at APRODEH's office in Lima on 20 October 2004, when she received the threat by text message on her mobile telephone. The message read 'Hello bitch, we are in jail, be aware even of your shadow, you will be reunited with the 'terrorist' in hell" ('Hola perra, nos estamos en la cárcel, cuídate hasta de tu sombra, te vas a reunir con el terruco en el infierno yelmo').

Two days after receiving the threat, Gloria Cano and other Peruvian human rights defenders travelled to the USA to appear before the Inter-American Commission on Human rights, where they reported on the human rights situation in Peru.

Upon her return, Gloria Cano filed a complaint about the threat with the Attorney General's office on 25 October. The Inter-American Commission on Human Rights has requested the Peruvian State to provide information on the steps take to investigate this complaint.

The threat was received the day after the publication of a press release by APRODEH raising concerns about the release of Vladimiro Montesinos (former Presidential Adviser on Intelligence), Nicolás Hermoza Ríos (former Commander in Chief of the Armed Forces) and Roberto Huamán Azcurra (former head of the Servicio de Inteligencia Militar (SIE), Military Intelligence Service), who all served during the administration of former President Alberto Fujimori.

They had been in detention during the last 18 months for their alleged involvement in the homicide of three members of the MRTA during the military operation in 1997. Due to delays in the trial, partly caused by the conflict of jurisdiction between the civilian and military courts, the accused had exceeded the maximum time for pre-trial detention allowed by law and had to be released before being sentenced.

Gloria Cano has represented the families of the victims since 2001. Amnesty International believes that this threat is an attempt to intimidate APRODEH and to force them to drop their campaign to seek truth and justice for the victims.

In January 2003, Gloria Cano was surrounded, verbally abused and then beaten by a group of about 20 unidentified individuals outside APRODEH's office. This attack appeared to be linked to the campaign launched by APRODEH on 23 January 2003 to extradite Alberto Fujimori from Japan, but was reportedly not investigated by the authorities.

BACKGROUND INFORMATION

In May 2004, the 142 members of the military who took part in the military operation to rescue the 72 hostages at the Japanese Ambassador's residence
in 1997 were all acquitted by a military court of the alleged extrajudicial execution of at least three of the MRTA members during the
operation.

According to some witnesses, including one of the hostages, and forensic evidence, some of the MRTA members had surrendered before being shot dead
by the military.

APRODEH has repeatedly been subject to threats and intimidation in response to their campaigns against human rights violations committed
under the government of Alberto Fujimori.

When APRODEH filed a complaint on behalf of the relatives of the victims of the 1992 La Cantuta University killings, they received several death
threats and wreaths inscribed with the APRODEH's managers' names.

APRODEH has filed complaints regarding all of these incidents before the Attorney General's office. However, it appears that none of these acts of
intimidation have been investigated independently and impartially by the authorities.

RECOMMENDED ACTION:

Please send appeals to arrive as quickly as possible, in Spanish or your own language:

• expressing concern that human rights lawyer Gloria Cano received a death threat on 20 October 2004;
• expressing concern that the attack appears to be an act of intimidation against Gloria Cano and the staff of the human rights organization APRODEH
  to force them to drop the case of the alleged execution of three MRTA members during a hostage rescue military operation at the Japanese
  Ambassador's residence in 1997 and their continuing campaign against impunity;
• asking the authorities to report on their action taken to address all of the complaints filed by Gloria Cano, urging them to open an independent
  and impartial investigation into the threats and attack, make the findings public, and bring the perpetrators to justice;
• expressing concern for the safety of members of APRODEH and other non-government organizations campaigning for an end to impunity in cases
  of serious human rights violations by members of the security and armed forces;
• urging the authorities to ensure that such acts of intimidation against human rights defenders do not take place again and that human rights
  defenders can carry out their legitimate work without fear of reprisals;
• calling on the authorities to provide adequate protection for Gloria Cano and staff of the human rights organization APRODEH.

APPEALS TO:

Attorney General
Dra. Nelly Calderón Navarro
Fiscalía de la Nación
Av. Abancay, cuadra 5 s/n
Lima 1
PERÚ
Fax: 00 51 1 427 1792
Salutation: Dear Attorney General / Sra. Fiscal de Fiscal de la Nación

Minister of Justice
Dr. Fausto Humberto Alvarado Doredo
Ministro de Justicia
Ministerio de Justicia
Scipión Llona 350
Miraflores
Lima 18
PERÚ
Fax: 00 51 1 422 3577
Salutation: Dear Minister/Sr. Ministro

COPIES TO:
Asociación Por Derechos Humanos
APRODEH
Jr. Pachacútec 980
Jesús María, Lima
PERÚ
Email: postmast@aprodeh.org.pe
Fax: 00 51 1 431 0477
(if a voice answers, say "tono de fax, por favor")

Head of Mission
Mr Gustavo Meza-Cuadra
Embassy of Peru
52 Sloane Street
London SW1X 9SP
UNITED KINGDOM
Telephone: 00 44 207 235 1917
Faxes: 00 44 207 235 4463
Email: postmaster@peruembassy-uk.com

Check with the Irish section office if sending appeals after 24 December 2004.

Guidelines for writing letters can be found in the Letter Writing Guide.