CAT/OP/PER/1
11.
The establishment of the national preventive mechanism is a priority for the
Subcommittee. Furthermore, in the light of the conclusions set out in this report concerning
the situation of persons deprived of their liberty and the current absence of any body that
makes unannounced visits to places of deprivation of liberty and maintains direct contact
with persons deprived of their liberty, the Subcommittee believes that there is a clear need
to establish such a mechanism in Peru. For this reason, during its visit the Subcommittee
met with, inter alia, senior representatives of the executive and legislative branches of the
Government, including the President of the Council of Ministers, the Minister and Deputy
Minister of Justice and Human Rights, the President of Congress and the chairpersons of
the congressional justice and budgetary committees, as well as the Ombudsman, in an effort
to move the process towards completion.
12.
The Subcommittee notes with satisfaction that on 10 December 2013 a bill (No.
1618/2012-CR) was approved by the Justice and Human Rights Committee of the Congress
of the Republic. This bill designates the Ombudsman’s Office as the body responsible for
implementing the national preventive mechanism.
13.
The Subcommittee trusts that Congress will enact the law on the national
preventive mechanism without delay this year. In this regard, it recommends that the
authorities grant the national preventive mechanism functional independence and
adequate human and material resources — including a technical secretariat of its own
— to effectively carry out its functions in accordance with the Optional Protocol. The
Subcommittee also trusts that the legislative framework will provide for collaboration
between the national preventive mechanism and civil society, with a view to enhancing
the effectiveness of the mechanism, and cooperation with the government agencies
responsible for matters related to its mandate, in implementing its recommendations. 5
III. Situation of persons deprived of their liberty
A.
Detention in police stations and judicial police holding cells
1.
Physical conditions
14.
The Subcommittee observed poor conditions in the holding cells in police stations
and specialized police units and in the judicial police holding cells it visited, both in Lima
and in the provinces. In many cases the cells have no natural light, are poorly ventilated and
usually smell of dirt, urine and sewage. There are often no beds or mattresses, and detainees
sleep on the floor and cover themselves with blankets that are usually provided by their
families. The cells are generally small. For example, the cells in one of the police stations
visited measured approximately 10 m2 and could hold up to seven people. The situation is
no better in the cells of the specialized police units such as the Directorate of Criminal
Investigation and the Directorate of Narcotics Control. In these units, detainees can be held
in dark, damp, cold cells for up to 15 days, or sometimes longer if they are transferred from
other provinces. No provisions are made for detainees to have access to a yard or any type
of exercise in any of the locations visited.
15.
Detainees in police stations are not given any food and have nothing to drink except
the water from the bathrooms, which is often dirty. The only available food is whatever
their families may bring. The Subcommittee recommends giving the police force a
budget that will enable it to provide detainees with food and drinking water while they
are held in police stations.
16.
The Subcommittee reviewed the registers at police stations and found that no
records are kept of confiscated property. Several of the detainees interviewed stated that
police officers had stolen items from them, such as telephones and watches. The
Subcommittee recommends creating an official register of items confiscated in police
stations, to be signed by detainees and the duty officer on admission and departure.
5
4
On 3 March 2014 the Subcommittee transmitted comments on the bill to the State party.
GE.17-13638