“State of Fear: The Truth About Terrorism” Film Screening

Attorneys and law students from three continents gathered in Washington, D.C. for the film screening of “State of Fear: The Truth About Terrorism,” the award-wining human rights documentary about Peru’s struggle with terrorism 1980-2000. The film traces the rise of the Maoist Shining Path guerilla movement (Sendero Luminoso) in the 1980s under the leadership of Abimael Guzmán and the ensuing two decades of conflict that resulted in 70,000 deaths and disappearances. A major focus of the film is the period of “fear” under former President Fujimori (1990-2000) after the government arrested the top eight rebel leaders in an apartment in Lima in 1992. The film asserts that the arrests effectively suppressed the violent revolution. Nevertheless, Fujimori persisted to transform delusory internal threats to national security into justifications to disregard democracy and to trample human rights. Riding on a political wave of popularity, Fujimori suspended the constitution, dissolved the parliament, and enacted authoritarian anti-terrorism laws. The film’s producer, Paco de Onís, led an engaging discussion on how societies struggle to maintain democracy, defend human rights, and preserve justice in a world engaged in a “global war on terrorism.”

Paco de Onís discusses the making of the film and its cautionary tale for other democracies.

As a follow-up to the discussion, below are some updates and further resources to explore.

What happened to former President Alberto Fujimori?
Fujimori fled Peru in 2000 and faxed his resignation from Asia. In 2005, Fujimori returned to neighboring Chile in hopes of running for re-election as president of Peru. He remains out on bail in Chile awaiting an extradition decision by the Chilean Supreme Court. Fujimori maintains his innocence on all criminal charges. For more details on the extradition treaty, the twelve charges against Fujimori, and how Fujimori returned to South America, read my blog on Fujimori’s Extradition.

What happened to Shining Path Leader Abimael Guzmán?
On Friday, October 13, 2006, a Peruvian civilian anti-terrorist court handed down the same life sentence that Guzmán received from an unconstitutional secret military tribunal in 1992. His lawyer announced he will appeal the sentence within domestic courts and, if necessary, to the Inter-American Court of Human Rights. Second-in-command, Elena Iparraguirre, also received a life sentence upon retrial by the anti-terrorist court. Ten other leaders received sentences ranging from 24 to 35 years. For more details on the legal arguments, points of law, and retrial procedures, read my blog from Saturday, October 14, 2006 on Guzmán’s Retrial.

Where can I learn more about the Peruvian Truth and Reconciliation Commission?
The Peruvian Truth and Reconciliation Commission released its report on August 28, 2003 after two years of work. The Commission conducted exhumations, sessions with institutions, and more than 200 public hearings. The PTRC was the first truth commission in Latin America to include public hearings as part of the process. Moreover, the Commission compiled nearly 17,000 photographs as a visual legacy. Two hundred of the photos were displayed in Lima as part of the “Yuyanapaq: Para Recordar” remembrance exhibit.

While the film, due to its limited length, could not discuss all guerilla movements in Peru during that time, the PTRC examined evidence and testimony related to other insurgent groups, including the Tupac Amaru Revolutionary Movement (MRTA).

About “State of Fear: The Truth About Terrorism”

International Treaties

• American Declaration of the Rights and Duties of Man (April 1948)
• International Covenant on Civil and Political Rights (23 March 1976)
• Optional Protocol to the International Covenant on Civil and Political Rights (23 March 1976)
• Universal Declaration of Human Rights (10 December 1948)
• American Convention on Human Rights (18 July 1978)

International Courts

• Inter-American Court of Human Rights (1969)
• Inter-American Commission on Human Rights (1959)

International Standards on Detention or Imprisonment

• UN Working Group on Arbitrary Detention
• Universal Declaration of Human Rights
• International Covenant on Civil and Political Rights (ICCPR)
• Body of principles for the protection of all persons under any form of detention or imprisonment
• Standard Minimum Rules for the Treatment of Prisoners
• United Nations Rules for the Protection of Juveniles Deprived of their Liberty
• United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The Beijing Rules”)

Republic of Peru Government

• Peru Constitution
• Constitutional Court of Peru
• Peru President
• Peru Congress
• Peru Library of Congress
• Presidency of the Council of Ministers
• Peru Judicial Branch
• Peru Supreme Court of Justice
• National Supervision of Tributary Administration (SUNAT)
• Peru Truth and Reconciliation Committee (Final Report 28 August 2003)

Peru Resources

• Institute for Liberty and Democracy, Lima, Peru
• The World Bank – Peru
• Peru National Coordinator of Human rights (CNDDHH)
• CNDDHH – Extradition of Fujimori
• FujimoriAlberto.com

Organizations

• Peru Human Rights Commission (COMISEDH)
• Organization of American States (OAS)

Media and Blogs

• State of Fear: The Truth About Terrorism – Updates
• Living in Peru