CAT/OP/PER/1
cases in which human rights defenders, community leaders and peasants had been subjected
to torture or ill-treatment after arrest at demonstrations.
24.
The Subcommittee gained access to copies of criminal case files and footage from
the video surveillance system in the city of Cajamarca containing evidence of excessive use
of force by the police during arrests. One such video showed the arrest of a community
leader in the street. It seems that this individual was subsequently tortured at police station
No. 1 and suffered serious injuries. In other footage, a teenager could be seen being beaten
with fists and truncheons and kicked until he lost consciousness, while another person who
attempted to photograph the incident was forced into a police vehicle. In both cases the
duty prosecutor was present but did not intervene.
25.
The Subcommittee was also informed that private security companies protecting
mining companies have committed abuses during arrests at demonstrations.
26.
The Subcommittee recommends adopting measures to effectively prevent
torture and ill-treatment at the hands of the police in all circumstances, and to ensure
that such practices are duly investigated and the perpetrators punished. The
authorities should give clear instructions in order to prevent ill-treatment and torture
and should punish those who engage in such practices at demonstrations, whether law
enforcement officials or private security guards.
27.
The Subcommittee recommends adopting effective measures to protect
members of the lesbian, gay, bisexual and transgender community from assault, illtreatment and arbitrary detention at the hands of security forces and to ensure that
all cases of violence are subject to prompt, effective and impartial investigation,
prosecution and punishment and that victims obtain redress.
B.
1.
(a)
Prisons
Conditions of detention
Overpopulation and overcrowding
28.
The Subcommittee received information indicating that overcrowding is a recurring
problem in Peruvian prisons, as it saw for itself in the prisons in Lurigancho, Chiclayo,
Trujillo (prison for men) and Huacariz. The National Prison Institute told the Subcommittee
it was concerned about the fact that, as at 9 September 2013, the prison population in the
country stood at 66,700, with an overpopulation rate of 115 per cent. Between July 2011
and September 2013, the prison population increased by 37 per cent.
29.
Due to overcrowding, not all persons deprived of their liberty have a bed. In
Chiclayo, for example, the Subcommittee visited blocks where there were two prisoners per
single bed and more who were sleeping on the ground. In the women’s block there was one
cell with 12 beds for 17 persons and another with 12 beds for 38 persons. There are about
3,200 prisoners in the Trujillo prison, which has a capacity of 1,000. The Subcommittee
visited block A. In each cell, which measures approximately 30 m2, there were about 36
prisoners (some over 70 years of age) but only 17 or 18 beds. In the maximum security
blocks, each cell has two beds but might hold up to six prisoners. None of the blocks have
separate areas for conjugal visits.
30.
Many of those interviewed, including the National Prison Institute, stated that there
was an abuse of pretrial detention that was a consequence of security policies with a strong
punitive bias, and that many of those in pretrial detention should not be in prison. As at
September 2013, 55 per cent of persons deprived of liberty in Peru were in pretrial
detention, compared with 45 per cent who were serving sentences. Generally speaking,
there is no separation of the two groups in prisons.
31.
In contrast to the situations described above, the Subcommittee noted an absence of
overcrowding and, in general, a more orderly form of management at the Ancón II prison.
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