CAT/OP/PER/1/Add.1
technological devices and techniques are used, such as Garrett metal detectors. If
those searches indicate the presence of prohibited items or substances, physical
body searches are carried out. 39
3.2.2
Health services
54. In paragraphs 48, 50 to 52, 54, 56 and 58 of the Subcommittee ’s report, the
Subcommittee recommended that the authorities of the National Prison Institute and
the Ministry of Health adopt policies to adequatel y ensure the right to health of
persons deprived of their liberty.
55. In accordance with the provisions of the Implementing Regulations of the
Penal Enforcement Code, 40 prison authorities shall provide all prisoners with
medical and health care equivalent to that dispensed to the non-prison population,
providing prisoners with medicines and other basic health care services.
56. In addition, that instrument indicates that prison authorities must employ
epidemiological surveillance systems that enable them to identi fy diseases prevalent
in the prison population and the most at-risk groups, with the aim of tailoring
assistance to the real needs identified. 41
57. Accordingly, in 2014, an inter-agency cooperation framework agreement
between the National Prison Institute and the Comprehensive Health Insurance
Agency 42 was signed with the aim of (i) insuring, within the framework of universal
health insurance, persons deprived of their liberty in prisons at the national level
under the responsibility of the National Prison Institute, as part of the Subsidized
Financing Plan of the Comprehensive Health Insurance Agency, and thus providing
health benefits coverage through health facilities; and (ii) establishing the financing
of the health services provided by established health fa cilities to those persons
insured by the Comprehensive Health Insurance Agency.
58. Under that agreement, the Comprehensive Health Insurance Agency pledged,
inter alia, to coordinate with the authorities of the Ministry of Health and the
National Prison Institute preventive medical campaigns and/or activities in every
prison, to be conducted in accordance with the available budget and under the
appropriate conditions.
59. At present, 93 per cent of the prison population is insured. The remaining
7 per cent comprises foreign prisoners, prisoners who hold insurance policies
provided by the armed forces or the police, prisoners with private health insurance
and undocumented prisoners. Prisoners who are not insured and require specialized
emergency medical care are temporarily insured by the Comprehensive Health
Insurance Agency (45 days’ cover, which may be renewed), 43 in accordance with
article 5 of Legislative Decree No. 1164. 44
60. In order to address problems relating to persons deprived of their liberty who
are diagnosed with tuberculosis, Act No. 30287 on the prevention and control of
__________________
39
40
41
42
43
44
10/27
National Prison Institute, Official Letter No. 377-2017-INPE/4 of 8 January 2016. Further
information provided by email on 23 June 2017, p. 7.
Ministry of Justice and Human Rights, article 124 of Supreme Decree No. 015 -20003-JUS,
adopting the Implementing Regulations of the Penal Enforcement Code, El Peruano (Official
Gazette) (11 January 2003).
Ministry of Justice and Human Rights, article 130 of Supreme Decree No. 015 -20003-JUS,
adopting the Implementing Regulations of the Penal Enforcement Code, El Peruano (Official
Gazette) (11 September 2003).
National Prison Institute, clause 5 of the Inter-agency Cooperation Framework Agreement
between the National Prison Institute and the Comprehensive Health Insurance Agency of
23 September 2014. Available from http://www.inpe.gob.pe/pdf/65__a.pdf (accessed 20 March
2016).
National Prison Institute, Official Letter No. 377-2017-INPE/04 of 16 June 2017, p. 6.
Executive branch of government, Legislative Decree No. 1164 providing for the extensio n of
coverage provided by the Comprehensive Health Insurance Agency in respect of membership of
the Subsidized Financing Plan, El Peruano (Official Gazette) (7 September 2013).
V.17-05867
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