CAT/OP/PER/1/Add.1
82. The Guardianship Investigation Directorate of the Directorate General for
Children and Adolescents of the Ministry of Women and Vulnerable Groups 64 has
been carrying out the following activities in close coordination with the Directorate
for Treatment and Recovery of the National Prison Institute:
82.1 Providing specialized intervention through professionals trained in
family psychotherapy, with the aim of reducing the impact of physical
separation on imprisoned mothers and their children, carrying out individual
and group therapy sessions during the six months prior to the departure of
children from the prison.
82.2 Assessment, preparation and resilience-building of family members to
ensure that (i) children join a healthy environment, in which they can form an
emotional attachment to the family with which they are placed, to ensure their
comprehensive development; and (ii) physical separation does not affect
children by disconnecting them from their mother.
83. Furthermore, Supreme Decree No. 006-2016-MIMP 65 adopted the Intersectoral
Protocol between the Ministry of Women and Vulnerable Groups and the National
Prison Institute for the appropriate care of minor children of mothers in prison. The
purpose of that protocol is to restore the exercise of the rights of children and
adolescents whose mothers are in prison, so that they develop in a comprehensive
and healthy manner with their family.
84. In that regard, since 2016, in coordination with Cayetano Heredia University,
the “sun-coloured lives” programme is being implemented, through which early
stimulation services are provided to children living with their mothers in prisons. 66
85. Furthermore, in recognition of the importance of the gender perspective in
prison policies, in 2015, the National Prison Institute, with technical assistance from
the Directorate General for Gender Mainstreaming of the Ministry of Women and
Vulnerable Groups, established the Permanent Commission for Gender
Mainstreaming.
86. In addition, in 2016, Directive No. 012-2016-INPE-DTP, entitled
“comprehensive care and prison treatment for women prosecuted or sentenced in
prisons and open prisons” was adopted, with the aim of establishing guidelines for
the care of the female population deprived of its liberty in such areas as entry,
classification, accommodation, infrastructure and prison security. 67
3.2.7
Curtailment of prison privileges
87. With regard to the recommendation contained in paragraph 86 of the
Subcommittee’s report, relating to the application of prison privileges, it should be
noted that article VIII of the Preliminary Title of the Penal Enforcement Code
indicates that the retroactive application and the interpretation of the Code are
favourable to prisoners. 68
88. For its part, the judiciary adopted Plenary Decision No. 2 -2015/CJ-116 in
order to harmonize jurisprudence on the prison benefits that should be applied by all
judges at all levels. 69
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68
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Ibid., p. 1.
Ministry of Women and Vulnerable Groups, Supreme Decision No. 006 -2016-MIMP, El Peruano
(Official Gazette) (22 July 2016).
National Prison Institute, Official Letter No. 377-2017-INPE/04 of 16 June 2017, p. 4.
National Prison Institute. Presidential Decision No. 119-2016-INPE/P of 22 April 2016. Available
from http://app2.inpe.gob.pe/resolucion/cache/Gestion/2016/Directiva/DI012 -INPE-2016DTP.pdf (accessed 19 October 2016).
Penal Enforcement Code. Legislative Decree No. 654. Published in the El Peruano Official
Gazette on 2 August 1991.
Judiciary. IX Full Court of the Permanent and Temporary Criminal Chambers. Plenary Decision
No. 2-2015/CIJ-116. Published in the El Peruano Official Gazette on 21 June 2016. (accessed 26
June 2017). Available from http://busquedas.elperuano.com.pe/normaslegales/ix-plenoV.17-05867
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