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EXTERNAL (for general distribution)  AI Index: AMR 46/O3/95
                                     Distr: UA/SC          
                                     3 March 1995
 
Further information on UA 352/94 (AMR 46/16/94, 23 September 1994)
- Arbitrary Detention/Fear of Torture/Fear of Unfair Trial and new
concern: Prisoners of Conscience
 
PERU        Maria Elena Foronda (f), environmental activist
            Oscar Diaz Barboza, environmental activist
 
Amnesty International has learned with dismay that prisoners of
conscience Maria Elena Foronda and Oscar Diaz Barboza were sentenced
to 20 years' imprisonment on 1 March 1995.
 
Maria Elena Foronda and Oscar Diaz were detained on 13 September
1994 by members of the Direccion Nacional Contra el Terrorismo,
DINCOTE, the anti- terrorism branch of the police, in the town of
Chimbote, Santa Province, Ancash Department, and charged with crimes
of terrorism.
 
According to information received by Amnesty International, in
November 1994 the examining judge in charge of the case ruled that
there was no evidence of Maria Elena Foronda and Oscar Diaz having
any links to the armed opposition group Movimiento Revolucionario
Tupac Amaru, MRTA, Tupac Amaru Revolutionary Movement, and ordered
their unconditional release.  However, under Peru's current
anti-terrorism legislation, the lower court judges have to refer
decisions on unconditional freedom in favour of the accused to a
Corte Superior, higher court, for ratification or veto.
 
On 1 March 1995, six months after their detention, the Corte
Superior de Lambayeque, High Court of Lambayeque, in the city of
Chiclayo, Lambayeque Department, ruled that there was sufficient
evidence to link Maria Elena Foronda and Oscar Diaz to the MRTA and
sentenced them to 20 years' imprisonment.  An appeal has been filed
before the Supreme Court of Justice.
 
Amnesty International considers both to be prisoners of conscience,
because there seems to be no credible evidence of them having any
links to the MRTA and the charges they face appear to be politically
motivated.  Neither of them has used or advocated violence.  Amnesty
International is calling for their immediate and unconditional
release.
 
BACKGROUND INFORMATION
 
Amnesty International believes that Peru's current wide-ranging
anti- terrorism laws, which came into effect in May 1992, do not
conform to pre- trial and fair trial procedures enshrined in
international human rights standards, despite positive but limited
amendments passed by the Congreso Constituyente Democratico, CCD,
Democratic Constitutent Congress, in November 1993 and November
1994.  
 
Furthermore, Amnesty International considers that the anti-terrorism
laws provide a judicial framework which facilitates the imprisonment
of prisoners of conscience. Since May 1992 the organization has
adopted 72 prisoners of conscience, 45 of whom have since been
released, having been imprisoned for up to 30 months.
 
Human rights violations in Peru occur in the context of the
government's counter-insurgency operations directed against the
clandestine armed opposition groups Partido Comunista del Peru
(Sendero Luminoso), PCP, Communist Party of Peru (Shining Path) and
the Movimiento Revolucionario Tupac Amaru, MRTA, Tupac Amaru
Revolutionary Movement. Amnesty International has consistently and
unequivocally condemned widespread abuses by these groups, including
the deliberate and arbitrary killing of people not directly involved
in the armed conflict.  Nevertheless, such abuses can never justify
violations by the authorities of fundamental human rights.
 
FURTHER RECOMMENDED ACTION: Please send telegrams/faxes/express and
airmail letters: 
 
- expressing dismay that Maria Elena Foronda and Oscar Diaz Barboza
were sentenced to 20 years' imprisonment on 1 March 1995; 
 
- calling for their immediate and unconditional release, as they are
prisoners of conscience who have not used or advocated violence, and
whose detention appears to be politically motivated.
 
APPEALS TO:
 
President:
 
Presidente Alberto Fujimori
[Salutation: Sr. Presidente/Dear President]
Presidente de la Republica del Peru
Palacio de Gobierno
Plaza de Armas
Lima 1, PERU
Faxes:      +511 433 7020 (if voice line, ask "me da tono de fax,
            por favor)
Telegrams:  Presidente Fujimori, Lima, Peru
 
Minister of Justice:
 
Sr. Fernando Vega Santa Gadea
[Salutation: Sr. Ministro/Dear Minister]
Ministro de Justicia
Ministerio de Justicia
Av. Emancipacion y Lampa
Lima, PERU
Telegrams:  Ministro de Justicia, Lima, Peru
 
PLEASE SEND COPIES OF YOUR APPEALS TO: His Excellency Dr Arturo
Garcia, The Embassy of Peru, 52 Sloane Street, London SW1X 9SP. Fax:
071 235 4463
 
[Please see the responses to this topic for the addresses
of diplomatic representatives in other countries]
 
AND, IF POSSIBLE, TO THE FOLLOWING:
 
Human Rights Organization:
 
APRODEH
Jr. Pachacutec 980
Lima 11, PERU
Fax:         + 5114 326915
 
PLEASE SEND APPEALS IMMEDIATELY.  Please do not send appeals after
14 April 1995.
 
+-----------------------------------------------------------+
+ If you have any queries about this Urgent Action or about +
+ the UA scheme in general, please contact:                 +
+   Ray Mitchell                                            +
+   Amnesty International British Section                   +
+   99 - 119 Rosebery Avenue                                +
+   London EC1R 4RE      email: rmitchellai@gn.apc.org      +
+-----------------------------------------------------------+