CAT/OP/PER/1 C. 1. (a) Juvenile detention centres General issues Legislation on children and adolescents 87. The Subcommittee noted with concern the amendments to the Code on Children and Adolescents introduced under Legislative Decree No. 990 (2007), which effectively promote deprivation of liberty over alternative measures by abolishing the legal provision establishing deprivation of liberty as a measure of last resort for adolescents in conflict with the law. These amendments also increase the maximum period of deprivation of liberty for an adolescent from 3 to 6 years. Criminal gangs’ use of adolescents in crimes, and attempts to escape from juvenile detention centres were some of the factors that influenced the drafting of the recent legislative proposals, which will tighten penalties and prioritize deprivation of liberty over socio-educational reintegration measures or prevention policies, and reduce the age of criminal responsibility to 16. 88. The Subcommittee recommends that the State party harmonize the Code on Children and Adolescents, and particularly Legislative Decree No. 990 (2007), with international standards, according to which deprivation of liberty for children and adolescents should be used as a measure of last resort, for the shortest possible period of time, and subject to periodic review. 89. The Subcommittee recommends prioritizing the development of public policies to prevent juvenile crime. Public policy in the area of juvenile justice should prioritize socio-educational reintegration measures. In this respect, juvenile detention centres should significantly increase the range of educational activities they provide for adolescents. (b) Social reintegration of adolescents in conflict with the law 90. According to information received by the Subcommittee, the fact that there are so few services available to guarantee the enforcement of sentences that do not involve the deprivation of liberty, such as community service or restricted release, is one of the factors that pushes judges to hand down custodial sentences. According to official statistics, as at July 2013, 64.74 per cent of adolescents in conflict with the law were detained in closed institutions. 91. The Subcommittee recommends strengthening efforts to extend the Guidance Service for Adolescents to cover the entire country, with a view to ensuring that deprivation of liberty is used as a measure of last resort, and providing the Service with the necessary financial and human resources to provide appropriate support to adolescents in conflict with the law as they reintegrate into society. (c) Protection measures in closed juvenile detention centres 92. Although the programmes for the reintegration of adolescents into society have theoretically been designed with a focus on socio-educational measures and respect for human rights, during its visit to the Youth Assessment and Rehabilitation Centre for boys in Lima (Maranguita), the Subcommittee observed that they were subjected to ill-treatment, some of which even amounted to torture. It also noted the lack of effective complaint mechanisms and the lack of protection by prosecutor’s offices. When adolescents report illtreatment, the prosecutors inform the educators, exposing them to reprisals. 93. The Subcommittee recommends establishing effective mechanisms for complaints about the treatment of minors in juvenile detention centres. Prosecutors should guarantee that complaints are treated confidentially and properly investigated. 94. The Subcommittee recommends taking measures to prevent ill-treatment of minors by the police, as well as ensuring proper legal assistance at all stages of judicial proceedings. GE.17-13638 13