Journalists who revealed telephone tapping are called before Congressional Commission

(IPYS/IFEX) – Journalist Roxana Cueva, who worked at Frecuencia Latina/Channel 2 until its new administration took over, has been called to appear before the Congressional Commission on Defence, Internal Order and Intelligence on 10 November 1997. The Commission is presided over by Martha Chavez Cossio, Congresswoman for the governing party, Cambio 90 – Nueva Mayoria […]

(IPYS/IFEX) – Journalist Roxana Cueva, who worked at Frecuencia
Latina/Channel 2 until its new administration took over, has been
called to appear before the Congressional Commission on Defence,
Internal Order and Intelligence on 10 November 1997. The
Commission is presided over by Martha Chavez Cossio,
Congresswoman for the governing party, Cambio 90 – Nueva Mayoria
(C90-NM). Gonzalo Quijandria, host of the program “Contrapunto”
has also been called to appear. “Contrapunto” brought to public
attention the information that journalists, opposition
politicians and some government ministers had had their telephone
lines intercepted and tapped. They have been called to discuss
the information on phone tapping which they and other journalists
at Channel 2 reported.

**Updates IFEX Action Alerts of 6 November and 23, 16 September
1997**

IPYS spoke with Cueva on 10 November. She said she is worried
about statements made by Chavez. “Congresswoman Chavez has
declared that we revealed plans which could affect national
security and could have served to alert neighbouring countries.
As well, it is already being said that the penalty for
publicizing classified documents is 10 years”.

For her part, Chavez affirmed in an interview on 9 November that
she was the victim of a misinformation campaign by the newspapers
“La Republica” and “Expreso” and other media which defended the
right of journalists not to reveal their sources. She reiterated
her intention to search the offices and homes of those who do not
respond to her official letters. As well, she announced that on
10 November she would request that the Commission apply the
measures contained in Clause “d” of Article 88 of the Rules of
Congress in order to proceed with the search of the offices of
“Expreso”, whose director, Manuel d’Ornellas, said he would not
respond to the letter Chavez had sent regarding the provision of
information on wiretaps.

BACKGROUND AND REACTIONS
Chavez was questioned by the press on 6 November regarding the
official letter, which was sent to various media, affirming the
fact that she has the capacity to raid and search the offices of
journalists for information regarding telephone tapping.

She vehemently exclaimed that she is not afraid of anyone, “and
of the press less than anyone….I am a citizen who is a
representative of the people, and as a lawyer, I am obliged to
see that the law is upheld.” (See IFEX alert of 6 November 1997)
She stated that she is unbothered by the fact that her letter has
upset people, since the document is protected by the
Constitution. She commented that “we must intimidate anyone who
breaks the law” in order that they fullfil their obligations, “so
that they at least respond to an investigative commission of
Congress”. She explained that the intent of the letter which was
sent was to remind the press that an investigative commission of
the parliament has the capacity to undertake searches. She
affirmed that the Commission of the legistature over which she
presides had agreed to send the letter, reiterating a first
document issued on the same question.

She did not discount the possibility of calling the advisor of
the National Intelligence Service, Vladimiro Montesinos, to
appear before the commission should it be necessary for the
purposes of the investigation. “We will not be held back by
anything,” she underlined.

In a radio interview on 7 November, Chavez criticised
journalists. “It seems that there is a Peruvian association that
wants to make a complaint and present themselves as victims,
which is a convenient calling card. It seems they want to take a
dossier (to the Iberoamerican meetings) to get attention. They
are exaggerating and acting arrogant,” she added.

For his part, legislator Harold Forsyth (Union Por el Peru
Party), a member of the Congressional Commission on Defence,
Internal Order and Intelligence, revealed on 6 November that at
no time did this group agree to send an official letter to the
media reminding them to collaborate in the investigation of
telephone tapping or be subject to raids on their offices.
Contradicting Chavez, who had stated that there was agreement on
the letter, he stated, “At no time was this discussed. I say this
categorically. This was not done by agreement of the Commission.
If she sent this letter, she did it in a personal capacity.” He
added that, in any case, if this agreement took place, “I was not
consulted. Raiding of media offices would be mad and there is no
provision for a commission of enquiry which allows this arbitrary
action. There is no provision to invade private property to seize
documents,” he added.

The president of the Justice Commission, Oscar Medelius (C90-NM),
stated, “Judicial notices are just that – notices. I don’t think
it would come to searches or raids because that would infringe on
a constitutional right.” For his part, Congressman Javier Alva
Orlandini (AP) stated that neither the letter sent to the media
nor the interpretation of the law regarding possible searches of
media offices are correct.

Recommended Action

Martha Chavez

President of the Congressional Commission for Defense, Internal

Order and Intelligence

Lima, Peru

Fax: +511 427 1211