CAT/OP/PER/1/Add.1
Police, has reported that training has been provided to 8,000 police officers in 20
activities in various regions of Peru. 11
24. Furthermore, in accordance with article 263 of the New Code of Criminal
Procedure, the duties of the National Police include: to inform detainees of the
crime with which they are being charged, to notify the Public Prosecution Service,
to immediately bring detainees before the preliminary investigation judge, to ensure
the presence of a defence lawyer as soon as the first official steps are taken in the
investigation and to ensure that detainees are examined by a forensic medical
doctor. 12
25. In addition, paragraph 2 (e) of article 71 of the aforementioned Code provides
that judges, prosecutors or police officers must inform the accused immediately and
in an easily understandable manner of their right not to be subject to “means that are
coercive, intimidating or contrary to their dignity, or to techniques or methods that
impair their free will or cause them to experience restrictions unauthorized by law ”.
26. It is important to highlight that if the accused believes that those provisions
have not been complied with during pretrial proceedings or the preparatory
investigation, that their rights have been violated, or that they are subject to
unlawful measures that restrict their rights or to illegal requirements, they may, by
way of petition, apply to the preliminary investigation judge to remedy the failure or
order the appropriate corrective or protective measures. Provided that the facts are
verified and a hearing takes place with the participation of the parties, the accused ’s
application shall be dealt with immediately. 13
27. With regard to private security companies, Legislative Decree No. 1213 14
established the regime governing private security services. The purpose of the
Decree is to regulate the performance of activities by private security services
provided by public or private natural or legal persons for the protection of persons
and property. It should also be noted that private security services are preventive in
nature and complement the role of the National Police, thereby contributing to
public safety.
28. Furthermore, the aforementioned Decree establishes that public or private
natural and legal persons to which the Decree is addressed should maintain and
promote respect for human rights in the performance of their activities. 15
29. Paragraph 27 of the Subcommittee’s report recommends the adoption of
effective measures to protect members of the LGBT community from assault,
ill-treatment and arbitrary detention at the hands of security forces and to ensure
that all cases of violence are subject to prompt, effective and impartial investigation,
prosecution and punishment and that victims obtain redress.
30. With regard to the adoption of measures to protect members of the LGBTI
community, the Human Rights Manual of the Police provides that the police must
treat those persons with the same respect as any other individual and must avoid any
discriminatory or degrading act. 16
31. Similarly, Legislative Decree No. 1268 17 governing the disciplinary rules of
the National Police indicates that discrimination for any reason and of any kind
during the performance of a police officer’s duties is a serious violation.
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12
13
14
15
16
17
6/27
Ibid.
Article 263 of the New Code of Criminal Procedure, Legislative Decree No. 957, El Peruano
(Official Gazette) (29 July 2004).
Article 71 (4) of the New Code of Criminal Procedure.
Executive branch of government, article 1 of Legislative Decree No. 1213, El Peruano (Official
Gazette) (24 September 2015). In accordance with article 1 of the Decree, its implemen ting
regulations should be adopted within 130 days.
Article 3 (1) of Legislative Decree No. 1213.
Ministry of the Interior, Official Letter No. 001577 -2015/IN/DGSD, p. 5.
Executive branch of government, Legislative Decree No. 1268, Annex II: Tabl e of serious
violations and related penalties, Against discipline, G 33.
V.17-05867