PERU
In Peru, the press is free. However, on April 5 the Executive
Branch closed the Congress and partially suspended
the Constitution, eliminating the legal basis for
press freedom and leaving it in a precarious situation.
The coup began with the takeover of the media by
armed soldiers. For two days, almost all Lima media were
censored. In some cases, newspapers were published with
blank spaces. Radio and television programs were cut.
Twenty-four journalists - employees of the newspaper
Super Idolo and of Radio Red, and Radio Atena 1, all media
that support the Aprista Party - were detained for 32
hours.
The detention of journalist Gustavo Gorriti for nearly
two days caused the greatest intemational outcry. Gorriti,
a specialist in coverage of the Sendero Luminoso (Shining
Path) guerrilla movement, Lima correspondent for El País
of Madrid, and a former copy editor of the magazine
Caretas, was detained in his home without apparent reason.
His computer and personal files were seized. The
computer was later returned with its hard disk erased.
Gorriti named presidential assistant Vladimiro Montesinos
as the mastermind behind the incident, which he said was
a reprisal for his having published a report of an investigation
of Montesinos in Caretas.
In the area of regulation, the government has placed
several obstacles in the way of media activity. Incidents,
ineluding barring journalists from various public events,
led the president of the IAPA to protest to President
Fujimori, who is especially sensitive at the moment about
the lack of democracy in the country.
In the same vein, the Central Reserve Bank published
a communique asserting its right to quit publishing in its
weekly summary information it considered private. To
date, this has not happened.
Former Deputy Yehude Simons and seven copy editors
of the weekly Cambio were detained because authorities
said they had proof the newspaper was financed by
the terrorist group MRTA (Tupac Amarú Revolutionary
Movement). Police said they had obtained the proof following the arrest of Víctor Palay, the leader of MRTA.
Meanwhile, authorities arrested 30 members of Sendero Luminoso whose mission was to publish clandestinely the newspa per El Diario.
Censorship was lifted following a visit by President
Fujimori to the daily El Comercio. Since then, the press has
been free to express its ideas and to criticize. This was
confirmed by an IAPA mission headed by President James
McClatchy that went to Peru in July to investigate the
press situation there.
Violence against journalists continues. A 120-pound
bomb exploded at TV Channel 2, killing journalist
Alejandro Pérez and three watchmen. The IAPA delegation
went to Channel 2 in a show of support. Sendero
Luminoso was blamed for the attack. However, later versions
do not rule out the possibility it was carried out by
another terrorist group connected to some political party.
Adolfo Izuisa, a courageously outspoken radio reporter
from Juanjui, a city in the Peruvian jungle, was killed August
23, presumably by Sendero Luminoso terrorists. He had six stab wounds in the back and a deep cut in the neck. Izuisa, 40, was outspoken on the crimes and other abuses of the terrorists and drug traffickers. He had received death threats on several occasions. He left a widow and three young children. Seven months ago terrorists killed his e1dest child.
Another radio journalist, Santiago Jau, owner of several
stations in cities north of Lima, was killed by four
Sendero Luminoso terrorists. Jau, who lived under death
threats, had refused to pay protection money. Earlier, one
of his properties had been bombed.
In Huacho, 60 miles north of Lima, five men, believed
to be paramilitary troops, kidnapped Pedro Yauri, former
corespondent of the Lima newspaper El Nacional. The kidnapping
occurred August 25; to date nothing has been
heard from him and it is feared he has been killed. He had
been accused of defending terrorism after three members
of Sendero Luminoso entered the radio while he was
broadcasting a political commentary and forced him to air
three cassettes containing subversive propaganda. A judge
ruled there was no reason to bring charges.
These four cases brought to 35 the number of working
journalists killed or missing since 1980 when the outbreak
of violence began in the country.
The recent capture of Sendero Luminoso leader
Abimael Guzmán could be the first step toward lowering
the number of journalists being slain by terrorists.
Parts of the Penal Code and Supreme Rights relating
to press freedom remain in effect, des pite opinions in favor
of free speech expressed by representatives of the executive,
legislative and judicial branches. The turbulent
political situation in the country has made an acceptable
solution more difficult. But that has not halted renewed
demands that the government, which now has legislative
power as well, either repeal or amend the relevant e1auses.
The Supreme Court upheld the convietion of Enrique
Zileri, editor of the magazine Caretas, on charges of Iibeling
Vladimiro Montesinos, aide to President Fujimori and
his right arm among the intelligentsia of the country. The
Supreme Court ruling had no basis whatsoever, and the
two judgments from lower courts were on different
grounds. There were concerns about the development of the
case from the beginning. There were three reasons for this:
1. The complaint had been lodged nine months after
the alleged libel. (He had called Montesinos "Rasputin.")
2. The accusation was made the same week that
Caretas was to go to press with an issue that included a
cover story on Montesinos.
3. In the notification, but not in the sentence, the
judge mentioned Article 317 of the Penal Procedure Code,
which allows the judge to prevent the media from publishing
information on specified tapies or pea pie connected
with a crime. However, in this case it was extended to include
the alleged victim of libel.
These facts indicate that the motive of the accusation
was not to get legal satisfaction but to block the publication
of the Caretas report - which it did. Because of this
ruling, whieh sets what is seen as a highly dangerous precedent
for press freedom, Zileri has brought the case before
the Inter-American Human Rights Commission so
that it can be heard by the Inter-American Court of Human
Rights.
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