Читайте также:
|
-----
[1] The Working Group considers private military and security companies as being companies providing all kinds of assistance, security, training, provision and consulting services, from unarmed logistical support to the provision of armed guards involved in defensive or offensive military operations.
[2] The Working Group has requested invitations to visit Chile, Colombia, Ecuador, Honduras and Peru (E/CN.4/2006/11/Add.1, para. 23).
[3] Commission on Human Rights resolution 2005/2, 7 April 2005, para. 12.
[4] A/61/341, paras. 75-76, and A/HRC/4/42, paras. 36-59.
[5] See the preamble to the Universal Declaration of Human Rights and the Human Rights Committee’s general comment No. 21 on the humane treatment of persons deprived of their liberty.
[6] Triple Canopy comprises bankers, high-ranking American military personnel, technical experts and consultants. It specializes in the protection of top executives, buildings and convoys. This company recruited Peruvians for Iraq but has also hired Chileans and Hondurans for the same purpose.
[7] See Isabel Ordóñez’s article, “Iraq, Afghanistan lure poor Latin American guards”, Reuters, 21 August 2006 (http://today.reuters.co.uk/News/CrisesArticle.aspx?storyId=N14198783).
[8] 3D Global Solutions, based in the United States of America, selects personnel with military experience for security work. Its directors are professionals with military and corporate experience.
[9] Private security companies admit that the Green Zone is a highly dangerous armed conflict zone where there is a risk of death. On 25 November 2004, four Nepalese security employees died in an attack on the Green Zone, http://icasualities.org.oif/.
[10] The 3D Global Solutions representative in Lima who had hired or selected them was apparently Ms. Isaura Marca and, in the United States, Mr. Michael Dodd.
[11] Act No. 27711 (Ministry of Labour and Promotion of Employment Act), Act No. 27626 (Activity of Special Companies and Workers’ Cooperatives Act) and the Labour Inspection and Worker Protection Act, Legislative Decree No. 910, are only applicable in the national territory.
[12] Report provided by the Peruvian Ministry of Foreign Affairs.
[13] According to information received, in January 2007, there were also Peruvians in Basra and not just in Baghdad, as well as Peruvians who had worked outside the Green Zone.
[14] United States of America Department of State diplomatic note provided by the Peruvian Ministry of Foreign Affairs.
[15] Subsidiary of Group 4 Securicor, United Kingdom. The request to hire personnel came from its parent company in the United States. This company provides security to the United States Embassy in Lima. According to information received by the Ministry of the Interior, Wackenhut had trained Peruvians in Huachipa.
[16] Information provided by the company, in an interview conducted on 2 February 2007.
[17] Gesegur had aparently pre-selected some 400 persons in October 2005. Triple Canopy had pointed out that Defion Internacional maintained a permanent relationship with Americos, the company said to be owned by Gesegur SAC. Information supplied by the Peruvian Ministry of Foreign Affairs.
[18] Letter from the Administrative Manager of Defion Internacional, dated 1 February 2007, to the Ministry of Foreign Affairs of Peru. The Working Group met with executives from the company, among whom were Mr. Alejandro Fernández and Mr. Juan Manuel Durán, the latter being an ex-employee of Triple Canopy with experience in Iraq and who had apparently worked in Chile and Honduras before coming to recruit in Peru.
[19] According to other sources, Defion Internacional alone had sent some 1,200 Peruvians to Iraq; see the article “Iraq, Afghanistan lure poor Latin American guards” (note 7 above).
[20] Office for Oversight of Security Services, Arms, Munitions and Explosives for Civilian Use.
[21] It was not possible to verify that information.
[22] Aide Memoire, 1 February 2007, from the Executive Director of the International and Intersectoral Policy of the Ministry of Defence. The ammunition that Gun Supply SAC requested for training purposes was of 9 mm PB and 5.56 mm calibre. FAME considered it necessary to change the calibre of the ammunition, as civilians could not use it because it was military calibre for exclusive use by the Armed Forces.
[23] Many of these contracts were presented for signature in the bus on the way to the airport.
[24] See the report by E. Bernales Ballesteros on contracts between Peruvian nationals and international security companies.
[25] The Ombudsman is not competent to request information from outside Peru.
[26] The private security companies do not consider the protection of convoys, buildings or people to be direct action.
[27] Letter from the Peruvian prosecution service to a private security company.
[28] Letter from the CNA International Unit, Chicago, claims specialists to the family of Martín Jara Hichard.
[29] Ministry of the Interior figures give 91,500 police officers in Peru.
[30] Runa Institute of Development and Gender Studies, Lima.
[31] Figures from the Ministry of the Interior.
[32] A. Laos Fernández, “Rondando por nuestra ley”, Red Interamericana para la Democracia (Inter-American Democracy Network), Lima, 2003.
[33] Yanacocha, owned by Newmont Gold Corporation, the Buenaventura mining company and the World Bank’s International Finance Corporation, operates in a region containing 65 communities with 20,000 inhabitants and employs 8,000 people (www.yanacocha.com.pe/
yanacocha.htm). Complaints have been brought against it for destruction of springs, pollution of rivers, streams and irrigation canals that supply thousands of rural families and the town of Cajamarca; the death of flora and fauna; contamination of the soil and grazing lands with mercury, arsenic and cyanide; and failure to comply with its undertakings in respect of development projects in the region. It is also accused of forcibly expropriating farmers’ land between 1992 and 1994.
[34] Founded in 1991 by a group of Navy officers to provide full corporate security services, Forza operates nationwide, has more than 1,000 employees and specializes in the mining, industrial, energy and oil sectors (La República, 6 December 2006, p. 3). According to the company’s directors, it has international certification and implements social welfare programmes.
[35] On 15 September the executive director of GRUFIDES reported harassment of the group’s members to the Office of Preventive Prosecutor No. 1.
[36] Video camera, providing evidence of harassment of GRUFIDES, and two cell phones with phone numbers for “Spy César” and “Spy Cecilia”.
[37] Computer with hundreds of photos from the surveillance of Fr. Arana, members of GRUFIDES and environmental activists from the Frente Unido de Defensa de la Vida y del Medio Ambiente (Life and Environment United Defence Front); a sheet of photos of members of GRUFIDES and other NGOs, each one identified by an alias; a PowerPoint file showing the structure of what are labelled “Threats to Yanacocha”; handwritten documents on Surveillance Unit procedures; documents containing analyses and evaluations of information; e-mail exchanges between C & G Investigaciones and Forza personnel; receipts for payment from espionage agents; Surveillance Unit tables.
[38] Taken from decision No. 018-2007-5FPPC, Cajamarca, 25 January 2007, Public Prosecutor’s Office, Office of Provincial Criminal Prosecutor No. 5, Cajamarca.
[39] “C & G Investigaciones SRL, based in Lima, provides private investigation services in various fields and also concludes contracts with companies to conduct investigations.” (Statements by César Cáceres Garrido, Chief of Operations at C & G Investigaciones, to Provincial Criminal Prosecutor No. 5, Cajamarca. Decision No. 018-2007-5FPPC, Cajamarca, 25 January 2007, Public Prosecutor’s Office, Office of Provincial Criminal Prosecutor No. 5, Cajamarca.)
[40] The confiscated computer contains electronic mails in which the photos from the surveillance operation are arranged for transmission by the espionage agents to Forza’s Director of Operations. A receipt signed by Marco Antonio Olguín Tadeo was found in the offices of C & G Investigaciones, made out for “1,000 United States dollars, paid by order of Mr. Aldo Schwarz Cossu, Operations Manager, Forza SA”. On the back are two e-mail addresses, one for Forza and the other for C & G Investigaciones. Olguín Tadeo describes himself in his statement to the prosecutor as operations assistant at Forza, for which he “carries out surveillance activities on various companies and in the course of his duties drafts reports which are sent to Lima via the Forza intranet” (Statements to Provincial Criminal Prosecutor No. 5, Cajamarca. Decision No. 018-2007-5FPPC, Cajamarca, 25 January 2007, Public Prosecutor’s Office, Office of Provincial Criminal Prosecutor No. 5, Cajamarca).
[41] La República, 5 December 2006, p. 4.
[42] Investigation No. 2006-495 in respect of Miguel Ángel Saldaña Medina for a suspected offence against personal freedom, by moral coercion, against Marco Arana Zegarra.
[43] Decree No. 764-06-RPNP/SEC of 19 December 2006.
[44] Office of Provincial Preventive Prosecutor No. 2, Cajamarca, which opened preliminary investigation No. 93-2006.
[45] On 25 January 2007, by decision No. 018-2007-5FPPC, the Office of Provincial Criminal Prosecutor No. 5 in Cajamarca declared “the criminal complaint against Miguel Ángel Saldaña Medina and César Helí Cáceres Garrido for an alleged offence against personal freedom, by moral coercion against Marco Antonio Arana Zegarra and Mirtha Vásquez Chuquilín, finally closed for lack of grounds for bringing criminal charges”. In his decision, the Prosecutor points out that “Peru’s Criminal Code currently contains no criminal offence defining the behaviour evinced by the investigators as a crime; while such behaviour may well be contrary to morality and decency or ethics, it is not a criminal offence...”.
[46] As the President of the Council of Ministers told La República, “It has not escaped my notice that the suspected perpetrators have not been summoned to appear. That is the least that should have been done before deciding whether or not to proceed with an investigation.” National Radio Coordinator, 5 February 2007, www.cnr.org.pe.
[47] Members of GRUFIDES commented in the press on the fact that Fr. Arana was given police security but not other members of the organization. Protection is provided from 9 a.m. to 6 p.m.; the remainder of the time he is unprotected.
[48] El Mercurio, Cajamarca, 27 April 2007.
[49] On 24 May 2006, a PowerPoint presentation on “Threats to Yanacocha”, prepared by the group that was spying on GRUFIDES, was reportedly shown to Army Intelligence.
[50] Research report, “Analysis of the situation in Peru’s northern mining region. Communication strategy”, June 2004, no author given. The documentation gives a detailed account of the activities of community radio stations, religious communities, environmental groups and peasant patrols in towns in Peru’s northern mining region.
[51] Those who stand to gain most are the private security companies and subcontractors. Between them they take a nine-tenths share of the total amount of the original contract with the Government of the United States for each Peruvian “independent contractor”. See A/HRC/4/42, para. 36.
[52] Triple Canopy, through Gun Supply, had asked the Army Arms and Ammunition Factory for military-calibre ammunition for use in training Peruvian “independent contractors”. The contractors reported that in Baghdad they had been armed with light machine guns. All of this indicates that they are prepared for participation in the hostilities and that the dividing line between passive and active functions in a conflict zone is a very fine one.
[53] Information confirmed by the United States Embassy in Lima in a letter dated 28 September 2005 to the Commander-in-Chief of the Peruvian Army, stating that “Triple Canopy Inc. has a legitimate current contract with the Department of State of the United States of America to provide security services.”
[54] See note 24 above.
[55] 12 April 2007: Fr. Arana and two German journalists were followed by two vans allegedly belonging to Yanacocha; 26 April: the GRUFIDES doorman was subjected to threats and intimidation by firearms; 12 May: death threats against Patricia Rojas, GRUFIDES project coordinator. “GRUFIDES demands better protection from threats”, National Radio Coordinator, Lima, 18 May 2007; “Blatant harassment of Fr. Arana”, La República, Lima, 18 May 2007; “Harassment of Fr. Marco Arana continues”, Perú 21, 18 May 2007; “In ongoing proceedings, Fr. Arana complains of continuing threats”, El Comercio, Lima, 18 May 2007.
Дата добавления: 2015-02-16; просмотров: 81 | Поможем написать вашу работу | Нарушение авторских прав |