Barrios Altos massacre
Encyclopedia
The Barrios Altos massacre took place on 3 November 1991, in the Barrios Altos neighborhood of Lima
Lima
Lima is the capital and the largest city of Peru. It is located in the valleys of the Chillón, Rímac and Lurín rivers, in the central part of the country, on a desert coast overlooking the Pacific Ocean. Together with the seaport of Callao, it forms a contiguous urban area known as the Lima...

, Peru
Peru
Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....

. Fifteen people, including an eight-year-old child, were killed, and four more injured, by assailants who were later determined to be members of Grupo Colina
Grupo Colina
Grupo Colina was a paramilitary anti-communist death squad created in Peru that was active from 1990 until 1994, during the administration of Alberto Fujimori...

,
a death squad
Death squad
A death squad is an armed military, police, insurgent, or terrorist squad that conducts extrajudicial killings, assassinations, and forced disappearances of persons as part of a war, insurgency or terror campaign...

 made up of members of the Peruvian Armed Forces
Military of Peru
The Peruvian Armed Forces are the military services of Peru, comprising independent Army, Navy and Air Force components. Their primary mission is to safeguard the country's independence, sovereignty and territorial integrity against any threat...

. The victims were partygoers, mistaken for Shining Path
Shining Path
Shining Path is a Maoist guerrilla terrorist organization in Peru. The group never refers to itself as "Shining Path", and as several other Peruvian groups, prefers to be called the "Communist Party of Peru" or "PCP-SL" in short...

 (Sendero Luminoso) rebels, a Maoist organization.

The murders became a symbol of the human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...

 violations committed during the presidency of Alberto Fujimori
Alberto Fujimori
Alberto Fujimori Fujimori served as President of Peru from 28 July 1990 to 17 November 2000. A controversial figure, Fujimori has been credited with the creation of Fujimorism, uprooting terrorism in Peru and restoring its macroeconomic stability, though his methods have drawn charges of...

 (July 28, 1990 – November 22, 2000). The case was taken to the Inter-American Court of Human Rights
Inter-American Court of Human Rights
The Inter-American Court of Human Rights is an autonomous judicial institution based in the city of San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it makes up the human rights protection system of the Organization of American States , which serves to uphold and...

. In August 2001, in conformance with the judgment of the Inter-American Court, the Peruvian government agreed to pay $3.3 million in compensation to the victims and families. The case was also part of the material reviewed by the Truth and Reconciliation Commission (Peru)
Truth and Reconciliation Commission (Peru)
The Peruvian Truth and Reconciliation Commission was established in 2001 after the fall of president Alberto Fujimori, to examine abuses committed during the 1980s and 1990s, when Peru was plagued by the worst political violence in the history of the republic...

 after the fall of the Fujimori government in the 1990s.

The Barrios Altos massacre was one of the crimes for which Fujimori was extradited from Chile
Chile
Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...

 to Peru on September 20, 2007. The killings at Barrios Altos were cited in the request for his extradition submitted by the Peruvian government to Japan in 2003.

Background

Peru had been struggling to control the rebellion by the group known as Shining Path
Shining Path
Shining Path is a Maoist guerrilla terrorist organization in Peru. The group never refers to itself as "Shining Path", and as several other Peruvian groups, prefers to be called the "Communist Party of Peru" or "PCP-SL" in short...

. For more than a decade, they had committed acts of terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...

 against government officials, community leaders and innocent bystanders: assassinations, car bomb
Car bomb
A car bomb, or truck bomb also known as a Vehicle Borne Improvised Explosive Device , is an improvised explosive device placed in a car or other vehicle and then detonated. It is commonly used as a weapon of assassination, terrorism, or guerrilla warfare, to kill the occupants of the vehicle,...

ings and other violence.

Massacre

On the evening of 3 November 1991, a neighborhood barbecue was being held at 840 Jirón Huanta to collect funds to repair the building. People from the community were gathered on the first floor. At approximately 23:30, six heavily-armed individuals burst into the building. They had arrived in two vehicles, found to have been stolen. These were said to be equipped with police lights and sirens, which were turned off when they reached the location.
The assailants, who were said to range from 25 to 30 years of age, had their faces covered with balaclava
Balaclava
A balaclava , also known as a balaclava helmet or ski mask, is a form of cloth headgear that covers the whole head, exposing only part of the face. Often only the eyes or eyes and mouth are left exposed...

 masks and ordered the victims to lie on the floor. They fired at them for about two minutes, killing 15, including an eight year-old boy, and seriously wounding another four. One of the injured was permanently disabled. The assailants quickly fled in their vehicles, sounding their sirens as they left.

During their investigation, the police found 111 cartridges and 33 bullets of the same caliber at the scene. They determined the assailants had used sub-machine guns equipped with silencers.

Aftermath

Judicial investigations and newspaper reports revealed that those involved worked for military intelligence; they were members of the Grupo Colina, which was known for conducting an anti-terrorist program including direct attacks on suspects. The assailants appeared to have intended to attack a meeting of Shining Path rebels, which was being held at the same time on the second floor of the same building.

Several weeks later, Congress
Congress of Peru
The Congress of the Republic of Peru or the National Congress of Peru is the unicameral body that assumes legislative power in Peru.Congress consists of 130 members of congress , who are elected for five year periods in office on a proportional representation basis...

 convened an investigation committee to look into the massacre
Massacre
A massacre is an event with a heavy death toll.Massacre may also refer to:-Entertainment:*Massacre , a DC Comics villain*Massacre , a 1932 drama film starring Richard Barthelmess*Massacre, a 1956 Western starring Dane Clark...

. In December, the Committee conducted an inspection of the building where the events took place, interviewed four people and performed other tasks. It was unable to complete its investigation, because of Fujimori's "palace coup" on April 5, 1992, in which he dissolved Congress. The Democratic Constitutional Congress
Democratic Constitutional Congress
The Democratic Constituent Congress was a Constituent Assembly created in Peru after the dissolution of Congress by President Alberto Fujimori in 1992...

 elected in its place in November 1992 did not take up the investigation again nor publish the senatorial committee's preliminary findings.

Amnesty

Judicial authorities were unable to launch a serious investigation of the incident until April 1995, at which time the military courts responded by filing a petition before the Supreme Court for jurisdiction over the case. Before the Court ruled on the petition, the case was effectively closed by Congress' passage of law No. 26479, which granted a general amnesty
Amnesty
Amnesty is a legislative or executive act by which a state restores those who may have been guilty of an offense against it to the positions of innocent people, without changing the laws defining the offense. It includes more than pardon, in as much as it obliterates all legal remembrance of the...

 to all those members of the security forces and civilians who were the subject of a complaint, investigation, indictment, trial or conviction, or who were serving prison sentences, for human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...

 violations committed after May 1980.

Prior to the amnesty law being passed, investigations had revealed compromising information. In May 1993, and again in January 1995, some officers from the Peruvian army stated publicly that members of Grupo Colina were responsible for the Barrios Altos massacre. The officers also stated that the head of the Joint Command of the Armed Forces and of the National Intelligence Service (SIN) had full knowledge of the massacre.

Inter-American Court of Human Rights

Advocates, survivors and victims' relatives filed a suit in the Inter-American Court of Human Rights
Inter-American Court of Human Rights
The Inter-American Court of Human Rights is an autonomous judicial institution based in the city of San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it makes up the human rights protection system of the Organization of American States , which serves to uphold and...

 against the Peruvian government for violation of human rights. Established in 1979 by the Organization of American States
Organization of American States
The Organization of American States is a regional international organization, headquartered in Washington, D.C., United States...

 (OAS), the court made its judgment of 14 March 2001, finding that the government was in the wrong and ordering compensation be paid to the victims. Because the Peruvian government underwent a change in administration that year, the court agreed to postpone signing the settlement agreement until a new government was elected and had taken office.

Case reopened

After the fall of the Fujimori government in 2000, Congress repealed the Amnesty Law. The Barrios Altos case was reopened, and a number of suspects were taken into legal custody. On March 21, 2001, the Peruvian Attorney General Nelly Calderón presented charges against Fujimori in Congress, accusing him of being a "co-author" of the massacre. She presented evidence that Fujimori, acting in concert with Vladimiro Montesinos
Vladimiro Montesinos
Vladimiro Ilyich Montesinos Torres was the long-standing head of Peru's intelligence service, Servicio de Inteligencia Nacional , under President Alberto Fujimori. In 2000, secret videos, which he had recorded, were televised that showed his bribing an elected congressman to leave the opposition...

, head of the SIN, exercised control over Grupo Colina. The charges allege that the group could not have committed crimes of this magnitude without Fujimori's express orders or consent, and that the formation and functioning of the Colina group was part of an overall counter-insurgency policy that involved systematic violations of human rights. According to the report, Fujimori went to SIN headquarters to celebrate with intelligence officers after the massacre took place.

As a result of the August 2001 ruling of the Inter-American Court of Human Rights
Inter-American Court of Human Rights
The Inter-American Court of Human Rights is an autonomous judicial institution based in the city of San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it makes up the human rights protection system of the Organization of American States , which serves to uphold and...

 of the OAS, which had heard the case, the government of Peru agreed to pay USD $3.3 million in compensation to the four survivors and the relatives of the fifteen people murdered. It waited until the new government had been elected to sign the ruling later that year.

On September 13, 2001, Supreme Court Justice José Luis Lecaros issued an international warrant to Interpol
Interpol
Interpol, whose full name is the International Criminal Police Organization – INTERPOL, is an organization facilitating international police cooperation...

 for the arrest of Fujimori, then living in Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...

. In August 2003, the Peruvian government submitted a request for the extradition of Fujimori to Japan; among the crimes it cited was the Barrios Altos massacre. Initially Japan had resisted extradition because Fujimori's parents had emigrated to Peru from Japan and it considered him a national of Japan. Its laws prohibited extradition of nationals; in addition, Japan and Peru did not then have an extradition agreement. Peru finally gained his extradition when Fujimori traveled to Chile. He was tried and convicted
Alberto Fujimori's arrest and trial
Former Peruvian President Alberto Fujimori was arrested and tried for a number of crimes related to corruption and human rights abuses that occurred during his government.-Background:...

 for his role in the massacre.

In 2004, Peruvian judges ordered the release of several of the Barrios Altos suspects, who had been held for more than three years without a trial or sentence. They had been taken into custody allegedly to comply with a recommendation by the Inter-American Court on Human Rights, as part of its ruling on the Barrios Altos case. Supreme Court of Justice president Walter Vásquez Vejarano said an investigation is under way into the judges who allowed trials to be delayed for so long.

External links

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