CAT/OP/PER/1
32.
The Subcommittee recommends that the State party: (a) review its public
security policies with a view to reducing prison overcrowding; 7 (b) encourage the
judicial authorities to use alternatives to deprivation of liberty, in accordance with
international standards;8 (c) take measures to ensure that persons deprived of their
liberty are housed in conditions that comply with international standards, applying,
for example, minimum standards with respect to the cubic content of air and floor
space9 and ensuring that each person deprived of their liberty is provided with their
own bed and clean bedding;10 and (d) ensure the separation of untried prisoners from
convicted prisoners.11
(b)
Physical conditions
33.
Generally speaking, the Subcommittee observed that the prisons visited were well
below standard, as illustrated by the examples described below.
34.
In the Lurigancho prison, the Subcommittee visited “La Candelaria”, which is a twostorey construction built by the prisoners themselves, measuring approximately 2 m x 6 m,
where 24 prisoners sleep in triple bunks in extreme overcrowding. The building is damp
and has no natural light sources or ventilation, and its latrines are full of standing water and
in an appalling state. Alongside this building is another known as “the big brother”,
measuring approximately 3 m x 6 m, where 20 prisoners sleep in two rows of bunk beds.
Some detainees in this prison cannot afford to pay for a cell and therefore sleep out in the
open in the yard.
35.
In the Huacariz prison the cells measure approximately 3 m x 2 m, and each one
houses three to five prisoners, many of whom sleep on the floor. Drinking water is turned
on for only 15 minutes each morning and must be collected in containers for use for the rest
of the day.
36.
At the Yanamayo prison, located at an altitude of 3,800 m in a region with extremely
low temperatures, there is no heating. The semi-open areas of the building, such as the cells,
are covered with plastic sheeting put up by the prisoners themselves to provide a minimum
of protection from the cold. Water is supplied only from 6 a.m. to 9 a.m., and there are only
four latrines per block, which are foul-smelling and in very bad condition. Due to their poor
state of repair, the electrical installations pose a safety risk to the prisoners.
37.
In several of the prisons visited, the persons deprived of their liberty or their families
have to provide their own mattresses, blankets and cleaning materials.
38.
The Subcommittee urges the State party to conduct a nationwide audit of the
physical conditions in prisons, with a view to establishing and implementing realistic
cleaning and renovation programmes, and in particular to renovate sanitary and
electrical installations and enlarge the prison cells.
(c)
Food
39.
The Subcommittee observed that the food provided by the State is insufficient,
monotonous and of low quality, which was one of the complaints heard most often from
persons deprived of their liberty. In some of the prisons visited, food may not be brought in
by family members. In others it may, but only in very small quantities.
40.
The Subcommittee recommends stepping up food quality inspections and
ensuring that meals are prepared in hygienic conditions, are sufficient in quantity and
are of adequate nutritional quality and variety.12
7
8
9
10
11
12
GE.17-13638
Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas,
principle XVII.
United Nations Standard Minimum Rules for Non-custodial Measures (Tokyo Rules).
Standard Minimum Rules for the Treatment of Prisoners, rule 10.
Ibid., rule 19.
International Covenant on Civil and Political Rights, art. 10, and Standard Minimum Rules for the
Treatment of Prisoners, rule 8, para. (b).
Standard Minimum Rules for the Treatment of Prisoners, rule 20, para. 1.
7