October 2nd, 2010

Colina group sentenced for the abuse of power in the Barrios Altos, Santa, and Pedro Yauri cases

JUSTICE TRIUMPHS

The Association for Human Rights (APRODEH) expresses its satisfaction with the sentence passed down by the Court, that condemned the members of the Colina group for their responsibility in the killing of fifteen and wounding of four in the Barrios Altos case (1991), for the disappearance of nine residents of the Santa Valley in Ancash (1992), and for the disappearance of the journalist Pedro Yauri (1992).  The sentence rejected the abuse of power and ratified the precedent established in the sentencing of Alberto Fujimori: these acts constitute crimes against humanity.

“This sentence marks a triumph for justice in Peru, confirming the facts established during the trial and the structure of the Colina group, how it operated, as well as its relationship with senior government officials,” explained Gloria Cano, lawyer for APRODEH who provided legal support to the families of the victims.

The decision issued by the Court, presided by Judge Inés Villa Bonilla and assisted by magistrates Hilda Piedra and Inés Tello condemned the abuse of power by the brainchild of the National Intelligence Service (SIN). Also, the court recognized the group as a military apparatus within the structure of the army, as well as the direct relationship it had with the SIN and the chain of command, which ran from President Fujimori, to advisor Montesinos, to the director of the SIN, Monroe.

For Francisco Soberón, executive director of APRODEH, the sentence constitutes the defeat of those who have attempted to live in impunity in this and other cases of violations of human rights, including the recent DL 1097, which sought an all-encompassing amnesty; and the amnesty law put forward by the Fujimori government in 1995.

“The decision delivered by the court recognizes the perseverance of the families who have demanded justice for eighteen years. For this, as Peruvians, we must defend this sentence from attacks by the people who only want to guarantee impunity such as those who ally themselves with  the Fujimori/Montesinos supporters, including the vice president Luis Giampietri and Rafael Rey, among others,” Soberón said, who also highlighted the efforts put forward by organizations like the Commission for Social Justice in Chimbote, that helped the families of the disappeared in Santa, and CODEH-Huacho, which helped the families of journalist Pedro Yauri.

The court also bows to the demand of the families insofar as the State’s obligation to locate and return the remains of the disappeared in the Santa and Pedro Yauri cases. In that sense, the sentence has continued the investigation into the location of the remains. Furthermore, the Court determined that the victims in these cases had no relation with the Shining Path nor any other subversive group.

In reference to the applicability of reparations, the sentence also decided that the Santa and Pedro Yauri cases be assimilated to the standards of the Inter-American Court on Human Rights under the Barrios Altos case.

“Without question, for the families the sentence is encouraging. Nevertheless, in the Pedro Yauri and Santa cases, the families will continue in the fight until the bodies of their loved ones are found. We hope that the ruling will be upheld by the Supreme Court in the appeal presented by the accused,” said Gloria Cano.

The cases:

Barrios Altos: On the night of the November 3rd, 1991, while a fundraiser was being held on 840 Huanta Street, Barrios Altos, around ten heavily armed men in ski masks, opened fire on the attendees, shooting indiscriminately. The attackers later hid in vehicles that appeared to be police cars. Fifteen people were killed, among them an eight year old child and his father. Another four were left seriously injured.

Santa: In the early morning on May 2nd, 1992, members of the Peruvian Navy and National Police raided settlements of La Huaca, Javier Heraud, and San Carlos in the Santa Province (Ancash). The soldiers, after leveling the houses, brutally beat nine people and forced them into vehicles to move them to an unknown location. Before leaving, the kidnappers threatened the families so that they would not denounce the acts. They were painted as supporters of the Shining Path.

Pedro Yauri: After being detained by a group of uniformed men, journalist Pedro Yauri disappeared June 24th, 1992. Weeks earlier, from his radio spot, he advocated for the liberty of the Ventocilla family who had be abducted by members of the armed forces in May of the same year.

The sentences:

25 years: Vladimiro Montesinos, Julio Salazar Monroe, Juan Rivero Lazo, Santiago Martin Rivas and Carlos Pichilingue.

20 years: Ángel Pino, Wilmer Yarlequé, and Jesús Saavedra.

15 years: Alberto Pinto Cárdenas, Federico Navarro, Fernando Lecca Esquén, Fernando Rodríguez Zabalbeascoa, Gabriel Vera Navarrete, José Alarcón Gonzáles, Douglas Arteaga and César Alvarado Salinas.