Mr. Alan García Perez
President of the Republic of Perú
Palacio de Gobierno
Plaza de Armas s/n
Lima, Perú
Via fax: +51-1-426-6770

25 February, 2008

Dear President Garcia Perez,

Re: Concern at lack of protection of witnesses and all those involved in court proceedings

Read the intervention letter in Spanish: IBA/HRI: Pide que se instrumente una protección efectiva de testigos, detenidos y operadores  judiciales en todas las instancias judiciales

We are writing on behalf of the International Bar Association’s Human Rights Institute (IBAHRI) in connection with the murder of witness José Angel Mori, who was due to testify in a high profile drugs case. We are concerned at the murder of Jose Angel Mori and the lack of effective protection for witnesses. We are also alarmed at the lack of security provided to all those involved in judicial proceedings.

In its role as a dual membership organisation, comprising 30,000 individual lawyers and over 195 Bar Associations and Law Societies, the IBA influences the development of international law reform and shapes the future of the legal profession. Its Member Organisations cover all continents. The HRI works across the association, helping to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and the legal profession worldwide.

It is reported that, on 23 January 2008, José Angél Mori died after being shot twice as he was entering the prison complex in Central Lima in order to testify in a high profile case against alleged drugs baron Fernando Zevallos. The IBAHRI is concerned that, in addition to posing an obstacle to ensuring justice in this individual case, the lack of effective protection of this witness also serves to intimidate others involved in the process.  As a result of this murder the prosecutor in this case, Mr Ivan Quispe, has placed an urgent request for protection.  The lack of protection afforded to the witness in this case may have a serious negative impact on the ability of the justice system to function effectively.  Witnesses, lawyers and others involved in similar cases may feel too intimidated to testify or carry out their professional duties freely.

The murder of witness Jose Angel Mori is of even greater concern considering the number of previous cases where the Inter-American Commission on Human Rights has deemed it necessary to grant precautionary measures against Peru demanding the provision of effective witness protection. Previous examples of such requests by the Commission for urgent action to be taken by the State to protect individuals can be found in the cases of Carlos Rivera Paz (precautionary measures granted on 12 June 2005); of Pamela Huaringa Felix (precautionary measures granted on 6 December 2005); and, of Hugo Bustios (precautionary measures granted on 10 May 1990). These cases, inter alia, illustrate the persistent lack of effective protection provided by the state in order to prevent loss of lives and protect witnesses and others involved in pursuing justice through the courts.

The IBAHRI would like to draw your attention to articles 2 and 44 of the Constitution of Perú that state the following:

Article 2:  Every individual has the right:  [1] ...to life, his identity, his physical, psychological, and moral integrity, and his free fulfillment and well-being…
Article 24. to freedom and security of person. h) nobody must suffer moral, psychological or physical violence, neither subjected to torture nor inhuman or humiliating treatment.

Article 44: The prime duties of the government are: to defend national sovereignty, guarantee full enjoyment of human rights, protects the people from threats to their security, and promotes the general welfare based on justice and the complete and balanced development of the Nation.  

In addition, the IBAHRI would also like to refer you to Article 1 of the Inter-American Convention on Human Rights which establishes the obligation of the state to respect rights and freedoms recognized by this Convention. These include the right of each person to have their physical, mental, and moral integrity respected, the right to personal liberty and security and the right to judicial protection, under articles 5, 7 and 25 respectively. Articles 9, 17 and 19 of the United Nations International Covenant on Civil and Political Rights (ICCPR) also protect these rights. The Republic of Perú is party to both of these instruments and is therefore bound by these articles.  Such legal obligations are also clearly acknowledged in the Constitution of Perú under Article 55 according to which: ‘treaties concluded by the state and now in effect are part of the domestic law’. This includes respecting the binding nature of precautionary measures, and ensuring their full implementation as stipulated by the Inter-American Commission.

Therefore, the IBAHRI urges you to take the necessary steps to ensure that an immediate, full, impartial and transparent investigation is carried out into the death of José Angel Mori. We also urge you to take the necessary steps to ensure full, effective protection for witnesses and all those involved in any stage of judicial proceedings so as to avoid the recurrence of similar regrettable situations in the future obstructing the proper administration of justice.

The IBAHRI would be grateful to receive your assurances that our concerns will be addressed as a matter of urgency,

Yours sincerely,

Justice Richard Goldstone
Ambassador Emilio Cárdenas
Human Rights Institute Co-chairs

CC:  Mr. Francisco Távara Córdova, President of the Judiciary
       Mr. Luis Javier Gonzales Posada Gyzaguirre, President of the Legislative
       Mr. Luis Alva Castro, Minister of Interior
       Ms. Rosario Fernandez Figuero, Justice Minister
       Ms. Nelly Calderón Navarro, Chief Prosecutor