Peru: State Dept Section 2 - Civil Liberties

["Chris, London" <100423.2040@xxxxxxxxxxxxxx>]

 Section 2   Respect for Civil Liberties, Including:

    a.   Freedom of Speech and Press
 The Constitution provides for freedom of speech and of the press.  The
Government generally respected these provisions, although the Government
uses its economic power in the form of newspaper advertising purchases
to influence the press and is selective in allowing access to government
newsmakers, events, and information in order to exert some control over
the views expressed.
 The media represent a wide spectrum of information and opinion, with 22
daily newspapers, 10 television stations, 3 cable systems, and 120 radio
stations in Lima alone.  The media regularly criticize the Government
and its policies, although that criticism has noticeably lessened in the
last 3 years.  The Government owns a daily newspaper, a television
network, and two radio stations, none of which are especially
influential.
 Opposition political parties have access to the media.  Television
stations, although generally progovernment, provide regular access to
opposition figures on a variety of news and public affairs programs.
The print press is divided between popular, largely apolitical tabloids
and more comprehensive editorial-bearing papers which at times
articulate positions in opposition to the Government's policies.
 The enactment of Decree Law 26470 in June effectively eliminated the
applicability to the media of the 1993 Constitution's "habeas data"
provision.  This measure had given any citizen a legal right and
mechanism to demand "rectification" for articles or reports he or she
considered libelous.  Many journalists viewed this provision as a
potential tool to censor and harass the press.  As a result of these
concerns, the Congress had voted overwhelmingly in August 1994 to remove
>from the Constitution the portion of the "habeas data" clause related to
the press.  This action was praised by local journalists, as well by the
Inter-American Press Society (SIP) which called the vote "an important
step towards full observance of press freedom."  Since the changes
affected the Constitution, the measure did not become law until Congress
approved it a second time in a separate legislative session and the
President signed the measure.
 During the January-February border conflict with Ecuador, journalists
complained about government restrictions.  The Peruvian military rarely
allowed journalists access to the combat zone and reportedly destroyed
videotapes produced by journalists in the war zone.  Nevertheless,
critics of government performance during the conflict enjoyed full
access to the press which regularly reported their views.
 Three retired military officers, General Carlos Mauricio, General Walter
Ledesma, and Navy Captain Luis Mellet, were charged with "disloyalty"
and "insulting the nation" and detained in April and May for publicly
criticizing the military's handling of the war with Ecuador.  Ledesma
and
 Mellet were released after serving brief sentences; but Mauricio, whose
charges related to the release of classified information, was sentenced
to 14 months in prison.  Mauricio was released as a result of the June
14 Amnesty Law, which also forgave retired military officers who had
publicly criticized the military's handling of the border conflict.
Several journalists were arrested by local authorities throughout the
year in the course of their work.  La Republica journalist Clemente
Quinto Panez was jailed for 2 days in La Oroya after uncovering and
reporting the involvement of state mining company officials in a series
of robberies there.  Yashin Salas, also of La Republica, was arrested by
Yurimaguas police while photographing a pickup truck loaded with
supplies for cocaine processing.  Luis Laos Fascioli of El Comercio was
detained by customs agents who, in full view of a local magistrate in
Bujama, twice tried to seize the reporter's camera.
 Two of the best known cases of imprisoned journalists are those of Jesus
Alfonso Castiglione and Javier Tuanama Valera.  Castiglione, the former
director of Radio Amistad in Huacho, was sentenced to 20 years in prison
for terrorism despite a lack of evidence and pleas by international
human rights organizations.  Tuanama, the former managing editor of the
Tarapoto daily Hechos has been detained for 5 years on various terrorism
charges, despite twice being acquitted, once on a charge that he took
part in a terrorist act committed after the date of his detention in
1990.
 The Government exercised substantial influence over the media through
the placement of advertisements.  Some media owners claimed that the
Government also encourages private advertisers to boycott opposition
publications and uses tax investigations to harass them.  Many media
owners are involved in other economic activities that require government
licensing or involve bidding on government contracts.  Opposition media
access to government information has been restricted.  Government press
offices have refused to send news releases and other information to some
magazines and often limited opposition media access to official
transportation when the President visited remote parts of Peru or
traveled abroad.


    b.   Freedom of Peaceful Assembly and Association

 The Constitution expressly provides for the right of peaceful assembly
and association, and authorities normally respect them in practice,
except in areas under a state of emergency (where the right of assembly
is suspended).  Public meetings in plazas or streets require advance
permission, which may be denied only for reasons of public safety or
health.  Municipal authorities usually approved permits for
demonstrations in Lima and nonemergency zones.


    c.   Freedom of Religion

 The Constitution provides for freedom of religion, and the Government
respects this provision in practice.  The Constitution recognizes Roman
Catholicism "as an important element in the historical, cultural, and
moral development of the nation" but also establishes the separation of
church and State.  Conversion to other religions is respected, and
missionaries are allowed to enter and proselytize.
 Sendero Luminoso rejects religion and continues to threaten and
intimidate religious workers.  Members of the Mormon Church, in
particular, continued to receive threats and were victims of extortion
by Sendero.


    d.   Freedom of Movement Within the Country

 The Constitution provides for the right of free movement, and there are
no political or legal constraints on foreign travel or emigration.
However, the authorities can restrict people with pending criminal and,
in some cases, civil charges from leaving the country.  Freedom of
movement is suspended in the emergency zones but is generally permitted
under the army's supervision.  Nonetheless, the authorities may detain
travelers in an emergency zone at any time.  Passengers on public
transportation are controlled at check points throughout the country.
 The Constitution prohibits the revocation of citizenship; repatriates
(both voluntary and involuntary) are not treated any differently from
other citizens.  Peru has provisions for granting asylum and refugee
status, although the procedures have been used by only a few in recent
years, principally Cubans.  Refugees are not forced to return to
countries in which they fear persecution.
 Sendero still occasionally tries to interrupt free movement within the
country.  However, in 1995 a weakened Sendero did not conduct any "armed
strikes."  During such operations civilians are typically told to stay
home or risk reprisals.




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