From: shirono@ssd.csd.harris.com (Roberto Shironoshita)
Newsgroups: soc.culture.latin-america
Subject: Re: Camarada Gonzalo (Peru)
Date: 14 Sep 92 23:18:34 GMT
Reply-To: shirono@ssd.csd.harris.com
Organization: Harris Computer Systems
In-reply-to: markrose@spss.com's message of 14 Sep 92 16:49:00 GMT

In article <1992Sep14.164900.4744@spss.com> markrose@spss.com (Mark
Rosenfelder) writes:
> Some highlights from the Chicago Tribune article on the subject:
>
> Fujimori announced the capture last night on television, and reiterated
> promises that Sendero Luminoso would be wiped out by 1995.  He promised that
> Guzman would receive the "maximum penalty".  Peru doesn't have the death
> penalty, but Fujimori seems to want to reinstate one.  He warned, however,
> that the struggle with Sendero was not over.

Peru does have a death penalty.  It is allowed under the Constitution of
1979 in cases of high treason (the actual wording is "traicion a la
patria", which might be translated to English as "treason to the people of
Peru" --as opposed to treason to the government or whatever).  I have heard
that the constitution specifies that cases of treason are tried by military
courts. though I do not recall firsthand if this is true or not.  A number
of times in the past, people have called for a law that classifies the
crime of terrorism as high treason ("traicion a la patria").  I think that,
after dissolving congress, the Fujimori government decreed this.

> Let's hope they prove sufficient to keep him locked up; and if Guzman gets
> in the way of some stray ammunition I for one wouldn't mourn.

The question about what to do with Guzman is a thorny one.  Here are the
situations I envision:

  a. Guzman is convicted of high treason, sentenced to death and
     executed.  This immediately elevates him to the rank of "martyr of
     the cause".
  b. Guzman is convicted of high treason, sentenced to death and
     executed, demoralizing the terrorist group so that it fizzles to
     extinction.
  c. Guzman is convicted, sentenced to prison (whatever the term), and
     sprung by his supporters, dealing a heavy blow to the DIRCOTE.
  d. Guzman is convicted and held prisoner in a maximum security prison.
     The restrictions necessary to insure he does not communicate with his
     group of criminals might be viewed in some circles as violations of
     his rights.
  e. Guzman is convicted and exiled.  This course of action could be
     seen in some groups as an acknowledgment by the government of the
     validity of Guzman's movement as a political alternative, instead 	of
     an insanely criminal element.
  f. Guzman is not convicted.  This is possibly the worst outcome to think
     of.  It would possibly legitimize the terrorist group, but, more
     importantly cause the people to loose what little respect they have
     left for the justice system.

Of these options, I think a and b offer the most effective course for
Peru's fight against terrorism (I think a is more likely than b).  Even if
Guzman is called a martyr, it is said much of the organization of SL is due
to him alone.  Yes, Guzman probably has plans in place for the continuation
of the criminal activities beyond his capture, but I don't think they would
last indefinitely, and his demise would probably start some infighting.
The only problem is the ethical consideration of whether executing Guzman
is "the right thing to do".  It is certainly retribution for the crimes he
was the brains behind.  It further means that the people of Peru do not
have to pay to support someone who probably has no potential for
redemption.  But do we have the right to take his life away?  I don't know.
--

     Roberto Shironoshita      ||   Internet: shirono@ssd.csd.harris.com
      Harris Corporation       ||
   Computer Systems Division   ||   UUCP: ...!uunet!ssd.csd.harris.com!shirono
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DISCLAIMER: The opinions expressed here are my own; they in no way reflect the
            opinion or policies of Harris Corporation.