A-HRC-13-42

A/HRC/13/42
page 32
65. In the late 1970s, during an on-site observation in El Salvador, a special commission 86
verified the existence of a group of cells in which, according to claimants, several people were
being detained in secret and tortured. 87 The Inter-American Commission on Human Rights
received reports alleging that the authorities of El Salvador were holding individuals arbitrarily
in secret places of the National Guard, the National Police and the Treasury Police. 88
66. In Peru, the vast majority of more than 3,000 cases of disappearances reported to the
Working Group on Enforced or Involuntary Disappearances occurred between 1983 and 1992 in
the context of the Government’s fight against terrorist organizations, especially the Communist
Party of Peru (Sendero Luminoso). 89 A number of cases of secret detention were examined by the
Peruvian Truth and Reconciliation Commission. 90
67. In Uruguay, many disappeared persons were reported to be held in clandestine detention
centres, allegedly run by Argentine and Uruguayan military personnel. 91 The Inter-American
Commission also received consistent reports of prolonged incommunicado detentions in the
country during the 1970s and 1980s. 92 These and other allegations of clandestine detention
centres were later confirmed by the final report of the Peace Commission. 93
68. More generally, during the 1970s and 1980s, Latin American Governments adopted
legislation concentrating all powers in the executive branch, including decisions on detentions,
their form and place. The legislation itself was in most cases extremely broad, providing for a
vague definition of terrorism-related crimes, treated as political or ideological offences, and
subject to disproportionate sanctions. 94
69. The practice of secret detention was also facilitated by the introduction of states of
emergency, followed by repeated renewals or extensions and, in some cases, by straightforward
86
Established by decree No. 9 of 6 November 1979.
87 OEA/Ser.L/V/II.46, doc. 23 rev. 1, 17 November 1978. See also E/CN.4/1984/21, para. 163.
88
OEA/Ser.L/V/II.46, doc. 23 rev. 1.
89
E/CN.4/1998/43, para. 296.
90
Final report of the Peruvian Truth and Reconciliation Commission, V. VI, Chap. 1, sect. 1.2
and 1.4, available at the address www.cverdad.org.pe/ingles/ifinal/index.php.
91
E/CN.4/1985/15, para. 233.
92
OEA/Ser.L/V/II.43, doc. 19, corr.1, 31 January 1978.
93 Informe Final de La Comisión Para La Paz, 10 April 2003 (Uruguay), available at the address
www.usip.org/files/file/resources/collections/commissions/Uruguay-Report_Informal.pdf.
94
See for example, law. 20.840 and 21.264 in Argentina; decree law No. 5 in Chile; and the
National Security and Public Order Law (July 1972) in Uruguay.