CAT/OP/PER/1/Add.1
99. It should be noted that the prison sentence can be modified if one third of the
term imposed by such a measure has been served and on the recommendation of the
juvenile detention centre’s interdisciplinary technical team.
100. In this respect, the sentence may be: (i) reduced; (ii) considered as served;
(iii) commuted; or (iv) kept unchanged. If the modification is rejected or declared
unreasonable, the judge will conduct a review every six months after the last
ruling. 80
101. It should be noted that Chapters III, IV, V, VI, VII and VII -A of Book IV,
Title II of the new Code on Children and Adolescents (Act No. 27337), which
contain provisions incorporated by Legislative Decrees Nos. 990 and 1204, will be
repealed with the forthcoming entry into force of Legislative Decree No. 1348, to
take effect on the day after the publication of its regulations.
102. Act No. 30466 was also adopted to establish parameters and procedural
safeguards for the primary consideration of the best interests of the child in the
processes and procedures involving the rights of children and adolescents, within
the framework of the Convention on the Rights of the Child and its General
Comment No. 14 and of Article IX of the Preliminary Title of the Code on Children
and Adolescents. 81
103. It is also worth noting the actions taken by the Ministry for Women and
Vulnerable Groups, including as part of the National Plan of Action for Children and
Adolescents 2012-2021, 82 where the reduction in the number of adolescents in
conflict with the law was included as intended outcome No. 11 of the third strateg ic
objective, which establishes various intervention strategies.
104. In paragraph 89 of its report, the Subcommittee also recommends, inter alia,
prioritizing the development of public policies to prevent juvenile crime.
105. In this regard, the National Plan for the Prevention and Treatment of Young
People in Conflict with the Law 83 is being implemented with the main objective of
reducing the number of adolescents in conflict with the law through: (i) the
reduction of anti-social behaviour, (ii) the effective and rights-based administration
of justice and (iii) the resocialization of the adolescent and reparation to the victim.
These goals are being achieved through twenty multisectoral initiatives in the areas
of family, school, work, peers, community, environment, the administration of
justice and the social rehabilitation system. 84
106. In addition, in paragraph 91 of its report, the Subcommittee recommends
strengthening efforts to extend the Guidance Service for Adolescents to cover the
entire country, with a view to ensuring that deprivation of liberty is used as a
measure of last resort, and providing the Guidance Service for Adolescents with the
necessary financial and human resources to provide appropriate support to
adolescents in conflict with the law as they reintegrate into society.
107. It should be noted that, through Administrative Resolution No. 190 -2013-CEPJ (28 August 2013), the Executive Council of the Judiciary, inter alia, ordered the
open juvenile detention centre model developed by the Guidance Service for
Adolescents to be replicated in the country’s judicial districts, stating that the
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80
81
82
83
84
V.17-05867
Ibid., article 164.
Congress of the Republic, article 1 of Act No. 30466, El Peruano (Official Gazette) (17 June
2016).
Ministry of Women and Vulnerable Groups, National Plan of Action for Children and
Adolescents 2012-2021, Supreme Decree No. 001-2012-MIMP, El Peruano (Official Gazette) (14
April 2012), p. 76. Available from http://www.mimp.gob.pe/webs/mimp/pnaia/pdf/Documento_
PNAIA.pdf (accessed 23 June 2016).
Ministry of Justice and Human Rights, Supreme Decree No. 014-2014-JUS adopting the National
Plan for Young People in Conflict with the Law, El Peruano (Official Gazette) (1 December
2013).
Ministry of Justice and Human Rights, Directorate-General for Criminal and Prison Policy,
Report No. 109-2015-JUS/DGPCP of 29 October 2015, p. 3.
17/27
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