Peru seeks new anti-terror powers

Left-wing guerrillas massacred thousands of villagers

Peru's President Alejandro Toledo has asked for special powers to draw up new anti-terror laws in an effort to ensure that convicted leftist rebels are not freed and do not escape justice.

The appeal to Congress comes days after Peru's highest court struck down tough anti-terror decrees adopted in the early 1990s to tackle left-wing guerrillas.

No terrorist will go free to shed blood again, no-one linked to death will go free to sing victory in the streets

President Toledo

It is feared the constitutional court's ruling could pave the way for retrials of hundreds of jailed guerrillas.

The anti-terrorism laws - passed during the time of disgraced former President Alberto Fujimori to crack two guerrilla movements - were last week ruled unconstitutional by the court.

Guzman: Could demand a retrial

They had allowed hooded military judges to try rebels for treason and pass harsh sentences on them and collaborators.

Correspondents say the courts were initially popular with Peruvians tired of 10 years of bloody civil war, but were criticised internationally for not allowing defendants a fair trial.

Until the early 1990s, rebel groups waged a campaign of car bombings, political assassinations and massacres of peasants who refused to support them.

Closing legal loophole

The Peruvian president sought, in a surprise nationally televised address late on Tuesday, to reassure people that imprisoned rebels would not be freed after last Friday's court ruling.

"No terrorist will go free to shed blood again, no-one linked to death will go free to sing victory in the streets," he said.

His entire cabinet at his side, Mr Toledo said he was "presenting to Congress an urgent formal request to give us special legislative powers to pass clear and precise rules on terrorism and public security."

He said it was imperative to prevent jailed guerrillas taking advantage of any legal loophole following the court ruling.

He proposed:

• that a special anti-terrorism court be set up to handle expected retrials for rebels
• that judges be afforded proper protection, enabling them to work without fear of retribution.

Mr Toledo expressed support for the ruling, but said it had "only complied with the instructions of the international justice system."

"It hasn't opened the doors of our prisons to release terrorists. That will never happen under my administration.

Dwindling power

Court president Javier Alva Orlandini had said the Peruvian legislation did not comply with international human rights standards.

The ruling, which struck down four of Mr Fujimori's tough laws, affects about 900 people, and could allow Maoist Shining Path movement leader Abimael Guzman to demand a retrial in civilian courts.

Shining Path commander Ramirez Durand has been seeking a retrial

"It doesn't order a new trial, but it opens the possibility," Mr Alva said.

It also ruled that life sentences handed down to rebels convicted of terrorism are an unconstitutionally excessive punishment, but stopped short of annulling them.

The Shining Path's power waned after Abimael Guzman was captured in 1992.

The group, which once boasted about 10,000 members, has dwindled to about 500.

Nearly 30,000 people died in rebel violence in Peru between 1980 and the early 1990s, including guerrillas, members of the security forces and civilians.