Enforced disappearances in Peru (1980-2000) : examination of the process of implementation of the truth and reconciliation commissions recommendations which are of particular relevance for the family members of disappeared persons

Abstract

Enforced disappearances are perpetrated in many countries of the world. Peru was severely affected by this offence during the 1980s and 1990s, in the context of an internal armed conflict. At first, the thesis deals with the question if the “Draft International Convention for the Protection of All Persons from Enforced Disappearance” fills the gaps in the existing legal framework for the protection of persons against enforced disappearances. The author comes to the conclusion that, indeed, the Draft IC has the potential to fulfil this expectation. Then, the thesis decribes the characteristics of the practice of enforced disappearances in Peru, comparing the statements of three different sources. The departamento of Ayacucho was the most affected region. Particularly high numbers of cases occurred in the periods 1983-84 and 1989-91. The majority of the victims were young males from rural areas (indigenous communities). On 28 August 2003, the Peruvian Truth and Reconciliation Commission submitted its Final Report. Some of the Commission’s recommendations are of particular relevance for the family members of disappeared persons. Thus, the author examines the process of implementation of those recommendations (August 2003 - August 2005). Although some measures, in fact, have been put into practice, the process is slow, and there are many shortcomings that have to be tackled.