CAT/OP/PER/1/Add.1
3.2.1
Conditions of detention
38. Paragraphs 32, 38, 40, 43, 44 and 46 of the Subcommittee’s report recommend
that Peru review its policies and take measures to resolve the problems in prisons
related to: (i) conditions of detention (overcrowding and overpopulation);
(ii) physical conditions; (iii) food; (iv) contact with the outside world; and
(v) situations of self-governance.
39. In that regard, with the aim of addressing the crisis in prisons, the adoption
was encouraged of Legislative Decree No. 1325, which declared an emergency and
the need for restructuring in respect the National Prison Service and the National
Prison Institute, and prescribed measures in the areas of health, infrastructure,
security, the fight against corruption and the strengthening of administrative
management, to ensure the functioning and operation of prisons. 23
40. The results of the first National Census of the Prison Population 2016, 24
conducted jointly by the National Institute of Statistics and Informatics, the
National Prison Institute and the National Criminality Monitori ng Centre in the 67
State prisons, contributed to the adoption of those measures.
41. Previously, Legislative Decree No. 1229 25 was adopted, regulated by Supreme
Decree No. 007-2016-JUS, 26 which declares that the adoption of measures to
improve and implement services that improve infrastructure, management, treatment
and prison security is of public interest and a national priority.
42. The adoption should be noted of Presidential Decision No. 017 -2016-INPE 27
of the National Prison Institute, adopting a directive ent itled “Creation,
implementation and performance of activities in prison for reintegration into
society”, which aims to regulate and standardize the activities required to design,
execute, implement and conduct social reintegration programmes in prison.
43. The National Prison Institute has indicated that it is implementing the
“10 Measures for Reforming the Prison System”, which include the construction of
new prisons in order to reduce levels of overcrowding and to provide appropriate
living and safety conditions, the sites being selected according to the prison regimes
in question and the corresponding stages within those regimes. 28
44. For its part, the Office of Prison Infrastructure has taken a number of actions
relating to the maintenance and refurbishment of living accommodation,
improvement of infrastructure security, renovation of basic services and restoration
of accommodation capacity 29 (see table in annex 1).
45. In that regard, measures have been taken to increase the accommodation
capacity of Huacariz prison in Cajamarca, with the addition of 456 units, bringing
the current total to 888 units and reducing overcrowding by 50 per cent. 30
46. With respect to Yanamayo prison, 426 sleeping units in rooms offering decent
living conditions were added in 2016. 31
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24
25
26
27
28
29
30
8/27
Executive branch of government, Legislative Decree No. 1325, El Peruano (Official Gazette)
(6 January 2017).
Ministry of Justice and Human Rights, Ministerial Decision No. 0070-2016-JUS of 28 June
2017. Available from http://www.minjus.gob.pe/wp-content/uploads/2016/03/RESOLUCI%C3
%93N.pdf (accessed 20 April 2016).
Executive branch of government, article 1 of Legislative Decree No. 1229, El Peruano (Official
Gazette) (25 September 2015).
Ministry of Justice and Human Rights, Supreme Decree No. 007-2016-JUS, El Peruano
(Official Gazette) (21 July 2016).
National Prison Institute, Presidential Decision No. 017-2016-INPE of 18 January 2016.
Available from http://app2.inpe.gob.pe/Resolucion/cache/Gestion/2016/Directiva/DI -007-2016INPE-DTP.pdf (accessed 23 June 2016).
National Prison Institute, Official Letter No. 025-2016-INPE/14 of 8 January 2016, p. 1.
National Prison Institute, Official Letter No. 377-2017-INPE/4 of 8 January 2016. Further
information provided by email on 23 June 2017, pp. 1-5.
Ibid., p. 6.
V.17-05867