CAT/OP/PER/1
I. Introduction
1.
In accordance with articles 1 and 11 of the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the
Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment conducted a visit to Peru from 10 to 20 September 2013.
2.
The Subcommittee was represented by the following members: Enrique Font, Hans
Draminsky Petersen, Margarida Pressburger, Judith Salgado and Wilder Tayler (Head of
Delegation).
3.
The Subcommittee was assisted by four human rights officers and two security
officers from the Office of the United Nations High Commissioner for Human Rights
(OHCHR).
4.
The Subcommittee visited places of deprivation of liberty in the provinces of
Cajamarca, Chiclayo, Puno, Trujillo and Lima 1 and held meetings with government and
legislative authorities, the Ombudsman’s Office, United Nations officials and
representatives of civil society.2 The Subcommittee wishes to thank them for the valuable
information provided.
5.
At the end of the visit, the Subcommittee presented its confidential preliminary
observations orally to the authorities. 3 In the present report, the Subcommittee presents its
conclusions and recommendations concerning the prevention of torture and ill-treatment of
persons deprived of their liberty. This report uses the generic term “ill-treatment” to refer to
any form of cruel, inhuman or degrading treatment or punishment. 4
6.
The Subcommittee requests the Peruvian authorities to reply within six months
of the date of transmission of this report, giving a full account of the actions taken to
implement the recommendations.
7.
The present report will remain confidential until such time as the State decides to
make it public, as stipulated in article 16, paragraph 2, of the Optional Protocol. The
Subcommittee firmly believes that the publication of this report would be a positive
contribution to the prevention of torture and ill-treatment, as the widespread dissemination
of the recommendations would contribute to a transparent and fruitful national dialogue on
the issues covered in the report. The Subcommittee recommends that Peru request that
this report be published, as other States parties to the Optional Protocol have already
done.
8.
The Subcommittee wishes to draw the State party’s attention to the Special Fund
established in accordance with article 26 of the Optional Protocol. Recommendations
contained in Subcommittee visit reports that have been made public can form the basis of
an application by the State party for funding of specific projects through the Fund.
9.
The Subcommittee is grateful to the Peruvian authorities for their positive
cooperation and facilitation of the visit.
II. National preventive mechanism
10.
Pursuant to article 17 of the Optional Protocol, Peru should have established or
designated a national preventive mechanism by 14 September 2007. However, despite the
efforts made at various levels to fulfil this obligation and the State’s various legislative
initiatives, and statements in international forums, at the time of the visit the process was
not yet complete.
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4
GE.17-13638
Please see annex II.
Please see annex I.
The preliminary observations were subsequently transmitted to the State party in writing on 4 October
2013.
In accordance with article 16 of the Convention against Torture.
3