CAT/OP/PER/1/Add.1 74. Paragraphs 67 and 68 of the Subcommittee’s report recommend that the right of persons deprived of their liberty to submit complaints, directly and in confidence, to the prison authorities, should be guaranteed. Furthermore, if such persons make complaints, including for torture or ill-treatment, they should not suffer reprisals for doing so. 75. It should be highlighted that, in accordance with article 32, paragraph 14, of Act No. 29709 on careers in the public prison service, 59 one of the duties of prison staff is to have a firm but respectful attitude towards the rights of perso ns deprived of their liberty and released persons. 76. Furthermore, article 54, paragraph 29, of the implementing regulations of that Act, adopted under Supreme Decree No. 013-2012-JUS, 60 is one of several provisions prohibiting prison staff from any acts that might adversely affect the dignity of prisoners in their custody. 3.2.5 Prison regimes and informal disciplinary mechanisms 77. Paragraph 75 of the Subcommittee’s report urges Peru to ensure that the principle of due process is guaranteed in all actions r elated to disciplinary sanctions. Solitary confinement as a punishment should be exceptional and should be subject to judicial supervision. There should also be clear rules, known to staff and persons deprived of their liberty, governing transfers, in order to prevent the improper use of transfers. 78. In that regard, Legislative Decree No. 1325 establishes that persons deprived of their liberty will be transferred if they jeopardize prison security or violate the integrity of prison or police staff, are found in flagrante delicto, are involved in the commission of an offence, or endanger public safety. Consequently, decisions regarding transfer to another prison are made by the National Prison Institute within a maximum of 48 hours, any contravention falling within the scope of administrative liability. 61 3.2.6 Particular situation of women 79. In paragraphs 79 to 81 of the Subcommittee’s report, the recommended establishing independent mechanisms to monitor the regulations, and taking measures to ensure that mothers can have under the age of three with them in prison if they so request. It also establishing a prison policy with a gender perspective. Subcommittee application of their children recommended 80. In that regard, article 12 of the Implementing Regulations of the Penal Enforcement Code 62 states that “women deprived of their liberty are entitled to keep their children in prison with them until the children reach the age of three, at which point they must be handed over to the person indicated in the regulation s on the subject or, failing that, they shall be placed by due legal process in a family or other guardian institution pursuant to the Code on Children and Adolescents ”. 81. It should be noted that in 2015, the Ministry of Women and Vulnerable Groups and the National Prison Institute signed an inter-agency cooperation framework agreement to improve the National Prison System. 63 __________________ 59 60 61 62 63 V.17-05867 Congress of the Republic, Act No. 29709, El Peruano (Official Gazette) (17 June 2011). Ministry of Justice and Human Rights, Supreme Decree No. 013-2012-JUS, El Peruano (Official Gazette) (23 June 2012). Executive branch of government, article 9 (1) (a) of Legislative Decree No. 1325. Ministry of Justice and Human Rights, Supreme Decree No. 15-2003-JUS adopting the Implementing Regulations of the Penal Enforcement Code, El Peruano (Official Gazette) (11 November 2003). Ministry of Women and Vulnerable Groups, Directorate General for Children and Adolescents, Official Letter No. 542-2015-MIMP/DGNNA of 11 November 2015, Report No. 047-2015MIMP-DGNNA-OAAA, p. 2. 13/27