CAT/OP/PER/1
living with them had had their requests denied on grounds of lack of space in the cells. The
Subcommittee also heard claims that there were no clear and objective criteria for the
placement of children. The Subcommittee is concerned at the inadequate implementation of
the already limited prison rules in that area and notes that separating women from their
small children adds further suffering to the deprivation of liberty.
77.
In the mixed prison of Cajamarca, the Subcommittee observed that women deprived
of their liberty did not have access to work or educational activities as this would involve
contact with the prison’s male population. The Subcommittee heard allegations of sexual
abuse of female prisoners by male prison staff.
78.
The Subcommittee observed that the rules on access to conjugal visits were applied
in discriminatory fashion. 14 Unlike men, women are required to go through a complex
administrative procedure that involves showing proof of marriage or cohabitation,
favourable reports from different departments of the prison (legal, psychological, health)
and a visit by a social worker to the home of the person deprived of their liberty. Of a total
of 802 persons deprived of their liberty in that prison, only 40 had access to conjugal visits.
79.
The Subcommittee recommends establishing independent mechanisms to
monitor the application of regulations and taking measures to ensure that mothers
can have their children under the age of 3 with them in prison if they so request.
80.
The Subcommittee recommends establishing a prison policy with a gender
perspective that includes addressing the particular needs of women deprived of their
liberty, in accordance with the United Nations Rules for the Treatment of Women
Prisoners and Non-custodial Measures for Women Offenders (Bangkok Rules), inter
alia.
81.
The Subcommittee recommends taking measures to guarantee equal treatment
for men and women deprived of their liberty with respect to conjugal visiting rights
by abolishing the complex procedure that applies to women.
82.
The Subcommittee was informed in establishments for adult and minor women that
lesbian relations are punished as a serious offence incurring transfer to punishment cells,
sometimes simply because two women deprived of their liberty kissed or hugged. This
punishment, which arises from a broad interpretation of the rules of sentence enforcement
in respect of acts contrary to morality and decency, constitutes inhuman and degrading
treatment.
83.
The Subcommittee recommends the adoption of measures to guarantee that
adult and minor women deprived of their liberty are not discriminated against and
punished on grounds of sexual orientation.
7.
Curtailment of prison privileges
84.
The Subcommittee observed serious concern among the prison population and in
some sectors of the legislative and executive branches, including the National Prison
Institute, at a series of laws adopted in 2013 to curtail prison privileges for convicted
prisoners. The result of this was a significant drop in prisoner morale and an increasing lack
of motivation to participate in work and education workshops and activities to prepare for
reintegration into society. The increased tension and risk of conflict in these prisons caused
by these measures was evident.
85.
Following the Subcommittee’s visit, Act No. 30101 of 15 October 2013, on
temporal application of the laws on prison privileges, was passed, to the effect that
restrictions on prison privileges would apply only to persons convicted of crimes
committed after the entry into force of the laws establishing the restrictions.
86.
The Subcommittee welcomes the adoption of Act No. 30101. However, it is
concerned about the legislation restricting prison privileges, which it believes has an
adverse effect on the principle of progressiveness of penalties and exacerbates prison
overcrowding.
14
12
See Code of Sentence Enforcement, arts. 42 and 58.
GE.17-13638
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