CAT/OP/PER/1
59.
When reviewing the health records in Yanamayo, the Subcommittee noted that
respiratory diseases, including pneumonia, are quite prevalent. It is essential to prevent
these diseases by taking measures to counteract the cold weather that prevails in the
region.
3.
Registers
60.
The Subcommittee observed that each prison uses different methods to record
information about persons deprived of their liberty, and that these methods are largely
manual and the information often incomplete and scattered.
61.
The Subcommittee recommends: (a) intensifying efforts to establish a uniform,
computerized register for the whole country that contains information on admission,
release, disciplinary measures, judicial decisions and other relevant data on the
situation of persons deprived of their liberty; (b) ensuring that clinics and first aid
stations maintain records of all medical interventions and of infectious diseases,
traumatic injuries and deaths; and (c) creating a central database containing
information on deaths of persons deprived of their liberty, with a view to adopting
appropriate public health policies.
4.
Ill-treatment and reprisals
62.
Persons deprived of their liberty interviewed in various prisons informed the
Subcommittee that they had been subjected to ill-treatment, including insults, arbitrary
punishment and harassment, by prison staff. In Yanamayo, for example, they reported that
non-prohibited items such as pans, furniture and craftwork were confiscated during
searches and craftwork that they had made themselves was destroyed. Several individuals
said that they worried that prohibited objects, such as mobile phones, would be planted
during the searches, so that action could be taken against them in reprisal for having lodged
a complaint.
63.
The Subcommittee observed a general fear of reprisals among persons deprived of
their liberty. Some claimed that complaining about their conditions of detention and even
speaking to the Subcommittee could lead to reprisals in the form of, for example, inspecting
of cells and confiscation of belongings, visits being cancelled, verbal and/or physical
assault and transfer or the threat of transfer to another prison in a remote region with
harsher conditions. In this regard, the possibility of transfer to Challapalca prison serves a
symbolic purpose as a source of control and widespread fear.
64.
One person deprived of their liberty reported having lodged a complaint of illtreatment and torture with prosecutors. As a result, the detainee suffered constant
harassment and barely left their cell out of fear. Although a forensic medical examination
confirmed that there had been physical assault, the guards responsible continued to work in
the prison.
65.
In some prisons, the Subcommittee heard allegations of individual and collective
reprisals taken after persons deprived of their liberty requested a visit by the Office of the
Ombudsman to complain about their conditions of detention, or asked prosecutors to help
them report ill-treatment or torture. In Yanamayo, the Subcommittee observed that persons
deprived of their liberty were reluctant to serve as prisoner representatives since the
previous representative had been transferred just for having lodged collective complaints
concerning such issues as the quality of the food.
66.
The Subcommittee recommends that measures be taken, including regular
training and refresher courses on human rights, to prevent ill-treatment of prisoners
by prison staff. The State must guarantee the prompt and impartial investigation of
all complaints of ill-treatment and torture in the prison system.
67.
Persons deprived of their liberty should be informed of their right to submit
complaints, directly and in confidence, to the prison authorities. This information
should be provided in writing on admission and should be publicized on prominently
displayed posters. Persons deprived of their liberty who make complaints, including
for torture or ill-treatment, should not suffer reprisals for doing so. The competent
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