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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