AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

FACTS OF THE CASE:

AAAS is concerned about the continued detention of medical professionals and other scientists imprisoned in Peru. Since 1992, AAAS has been monitoring the cases of scientists who are imprisoned based solely on testimony given by so called repentant guerrillas. AAAS reported the release of five such scientists in April 1995; however, many health professionals and other scientists continue to languish in prison. The Department of State Country Reports on Human Rights Practices for 1995 indicates that the Peruvian "government continues to detain up to 600 persons on terrorism charges based on unsubstantiated accusations by terrorists who repented before 1 November 1994." It goes on to say that, "...many of these detainees have already been held for years with their cases unresolved."

AAAS has recently verified that the following scientists remain in prison:

Fortunato Sumina Taco, a medical doctor, and Nery Fermin Medina Quispe, a pediatrician, both prisoners of conscience arrested in September 1992 are serving a 22 year prison sentence in Yanamayo, Puno prison. Their arrest was based sole on the accusation of two repentant guerrillas. The doctors were sentenced by the Supreme Court despite the fact that the original testimony of the two guerrillas was obtained under duress and recanted in court, and that no additional evidence was supplied in court. In February 1995 a review of the case was requested by the Supreme Court.

Juan Jose Tapahuasco Orozco, a physician and prisoner of conscience, has been imprisoned for 29 months. He is accused of waving and painting subversive slogans. He confessed to the charge after eight days of torture, which resulted in knee and thigh damage to his left leg. He denied the charges before a judge. Although the provincial prosecution determined him to be not guilty, he was sentenced by a Superior Court to 20 years in prison. His oral trial was suspended on 23 January 1995 without explanation.

Jorge Carlos Paredes Leon, physician, is a possible prisoners of conscience who was found guilty in the lower court. He is awaiting hearings in a Superior Court and the Supreme Courts.

Michael Soto Rodriguez, a medical student, has been imprisoned for four years. He was arrested on 23 January 1992. Soto was accused with fourteen others of membership in the Shining Path. His past political activities, including attempts to protect his sister-in-law who was murdered by Shining Path guerrillas, refute the accusation. He was sentenced to 20 years in prison on 22 December 1994. The Supreme Court requested that he be absolved, yet the order has been held up at the special terrorist desk in Lima.

These cases are of particular importance because medical professionals are bound by their codes of ethics to provide medical care on an impartial, nondiscriminatory basis to any individual requiring their services. This right is accepted by the international community as is evident in the following codes of ethics:

The Geneva Oath approved by the General Assembly of the World Medical Association in 1948 and the International Code of Medical Ethics approved in 1949, which establish:

The physician must abstain from any religious, national, racial, political, or social discrimination in the performance of their duty; A physician shall preserve absolute confidentiality on all he knows about his patient even after the patient has died.

"Regulation in Time of Armed Conflict" adopted by the World Medical Association in 1956, which establishes:

• Medical ethics in time of armed conflict is identical to medical ethics in time of peace, as established by the International Code of Medical Ethics;
• In an emergency, the physician must always give the required care impartially and without consideration to sex, race, nationality, religion, political affiliation, or any similar criteria;
• The fulfillment of medical duties and responsibilities shall in no circumstance be considered an offense. The physician must never be prosecuted for observing professional confidentiality.

The Code of Ethics of the College of Physicians of Peru reflects the above universally accepted standards. It includes the following:

• The physician as legitimate defender of the human being in the face of pain, suffering, and death does not establish differences between patients whom he/she will attend always with respect, love, and discretion and without any form of discrimination...

The following legal provisions also apply:

In Peruvian legislation, Article 5 of the Law of Medical Work (Legislative Decree 559) affirms:

"The practice of medicine is strictly defined by the Code of Ethics of the College of Physicians of Peru and international conventions signed by the Peruvian Government. The physician can not be deprived of his/her liberty for performing a medical act, no matter what the circumstances, with the exception of a specific judicial order or flagrant crime."

In addition, Article 20 of the Penal Code states, "The person who acts compelled by unsurmountable fear of a equal or worse evil...is exempt from penal responsibility."

The Protocol Additional to the Geneva Conventions of August 12, 1949, and Relating to the Protection of Victims of Non- international Armed Conflicts, which entered into force on 7 December 1978, and was signed by Peru on 12 December 1977:

Article 10 - General protection of medical duties:

• Under no circumstances shall any person be punished for having carried out medical activities compatible with medical ethics, regardless of the person benefiting therefrom;
• Persons engaged in medical activities shall neither be compelled to perform acts or to carry out work contrary to, nor be compelled to refrain from acts required by, the rules of medical ethics or other rules designed for the benefit of the wounded and sick, or this Protocol

(Sources of information on this case include the Asociacion Pro- Derechos Humanos (APRODEH), and Amnesty International.)

RECOMMENDED ACTION:

Please send telexes, telegrams, faxes, or airmail letters:

commending the acquittal of the individuals accused under the repentance law, and urging that the Supreme Court ratify the acquittals made by the High Court.
• expressing concern about the continued detention of individuals accused under the Ley de Arrepentimiento; and
• calling for the immediate and unconditional release of individuals accused under the Ley de Arrepentimiento.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

Presidente Alberto Fujimori
Presidente de la Republica del Peru
Palacio de Gobierno
Plaza de Armas
Lima 1, PERU
Salutation: (Sr. Presidente)
Fax: 011-5114-337030
(if voice line, ask "me da tono de fax, por favor")


Sr. Fernando Vega Santa Gadea
Ministro de Justicia
Ministerio de Justicia
Av. Emancipacion y Lampa
Lima, PERU
Fax: 011-5114-334457
Salutation: Sr. Ministro

Dra. Blanca Nelida Colan Maguino
Ficalia de la Nacion
Avenida Azangaro
Lima, PERU
Fax: 011-5114-334457
(if voice line, ask "me da tono de fax, por favor")
Salutation: Sra. Fiscal de la Nacion

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