CAT/OP/PER/1
establish the position of judge for sentence enforcement and prison oversight, a step
already proposed by the Ombudsman’s Office and some sectors of the judiciary.
D.
The problem of corruption
121. Corruption, a problem recognized by the National Prison Institute, permeates the
entire prison system and involves all actors, including prison staff (in certain establishments
even high-ranking officials), persons deprived of their liberty and outsiders. Corruption
defines a system of relations in which every aspect of the daily life of persons deprived of
their liberty is subject to a financial transaction. This includes, for example, the right to
receive food from outside to supplement an inadequate diet; access to certain blocks or cells
in the prison; doing paid work; communication with the outside, especially with family
members, through visits or by telephone; administration of prison benefit claims; access to
medical treatment; and paying to avoid transfers and solitary confinement in punishment
cells, for example.
122. In the prisons visited by the Subcommittee, everything has a price. An exception to
this was found in one of the women’s prisons visited, where persons deprived of their
liberty stated that they were only asked for money in the form of a fee in order to be paid
for their work. A similar situation was observed in the female wing of Ancón II prison. At
this prison the management appears to be making efforts to eliminate corruption and limit
practices conducive to corruption, such as the persons deprived of their liberty having
money in their possession. However, the persons deprived of their liberty being held in the
foreigners’ wing of this prison said that they had been forced to make illegal payments to
prison staff.
123. Testimony about corrupt practices was also received in establishments other than
prisons. For example, in the Lima courthouse cells some persons deprived of their liberty
said that in exchange for money one could be sent to a prison near one’s family and home.
In some police stations persons deprived of their liberty complained that the police had
stolen their money and belongings, and the Subcommittee witnessed one such incident.
124. The Subcommittee believes that corruption is related to the occurrence of torture and
ill-treatment — that these are independent but mutually reinforcing issues. People are
brought into the system of corruption under duress and then become corrupt so as not to
suffer abuse (e.g., to avoid transfer or punishment). Corruption discriminates against those
who do not join the system, making them vulnerable to ill-treatment. Corruption ensures
silence, blocks complaints and guarantees impunity. In a system of corruption as closed and
all-encompassing as the one observed by the Subcommittee there is no choice but to join
and no way to get out. Prison workers’ low pay exacerbates the problem.
125. The Subcommittee is concerned at allegations it received to the effect that the
judicial system’s attitude to the problem of corruption is one of indifference, ignorance or
lack of interest. This is reflected in the lack of in-depth checks, particularly by the Public
Prosecution Service, which, as guarantor of the rights of persons deprived of their liberty, is
the competent authority in combating this problem.
126. The scale and entrenched nature of the problem of corruption require a very high
level of political commitment and a proactive and comprehensive approach in order to
achieve meaningful reform. The Subcommittee notes with interest the proposals by the
National Prison Institute to fight corruption, and trusts that they can be implemented. In this
connection, the Subcommittee wishes to reaffirm that (a) there will be no real solution
without a thorough overhaul of prison and police staffing, including senior staff; and that (b)
while it is possible that many officials could be reabsorbed into a new system imbued with
a new ethic, many situations will require an impartial administrative investigation and
possibly dismissal of the staff concerned.
127.
The Subcommittee recommends:
(a)
The adoption and implementation by the Government of a firm and
transparent zero-tolerance policy towards corruption that also addresses the
structural conditions that lead to it;
18
GE.17-13638
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