CAT/OP/PER/1/Add.1
125. These regulations are intended to establish the provisions that will be taken
into account in the management of the behaviour of adolescents who have been
detained as a socio-educational measure in national juvenile detention centres,
continuously supporting them in learning responsible behaviour so that they can
interact harmoniously with other individuals in order to successfully reintegrate into
society.
126. In addition, the following training courses were held in national juvenile
detention centres: 98
126.1 Course on the management of aggressive and antisocial behaviour
using a model of cognitive behavioural intervention, aimed at all psychologists
in national juvenile detention centres.
126.2 Intervention programmes focused on behavioural change for
adolescents with behavioural problems, aimed at all social educators in
national juvenile detention centres.
126.3 Systematic family therapy with adolescents, aimed at all social workers
in national juvenile detention centres.
126.4 The virtual course entitled “Key concepts for drug dependence
intervention with persons in conflict with the law”, developed by the National
Commission for Development and Life without Drugs (DEVIDA) and aimed at
all psychologists in national juvenile detention centres.
127. Furthermore, in the judiciary’s National Plan for Access to Justice for
Vulnerable Persons 2016-2021, 99 “adolescents in conflict with the law” has been
established as the second strategic area, with the following objectives: (i) promote
the application of alternative measures to deprivation of liberty for adolescents in
conflict with the law; (ii) promote the protection of the rights of adolescents in
conflict with the law in judicial proceedings; and (iii) promote the rehabilitation and
social reintegration of adolescents in conflict with the law.
3.3.3
Psychiatric institutions
128. In paragraph 104 of its report, the Subcommittee recommends that steps be
taken to ensure that judges regularly review the situation of persons subjected to
internment measures, so as to safeguard the right to liberty of patients who can be
discharged.
129. In this regard, article 3 of the Code of Criminal Enforcement 100 provides that
the sentence shall be enforced with respect for the fundamental rights of the person
enshrined in the Code of Criminal Procedure and in the rest of the Peruvian
legislation. This protection extends to all prisoners, both persons held for trial and
convicted persons, in accordance with the provisions established by international
treaties on the subject.
130. Accordingly, article 4 of the Code of Criminal Enforcement indicates that the
inmate shall exercise his or her rights within the limitations imposed by the law, the
sentence awarded and the prison regime, in accordance with the provisions of its
articles 21 and 22.
131. Paragraph 106 of the report contains the Subcommittee ’s recommendation
relating to the need to adopt legislation protecting the patient ’s right to selfdetermination and setting clear criteria for exceptional cases in which patients may
be interned and treated without their consent.
__________________
98
99
100
20/27
https://www.pj.gob.pe/wps/wcm/connect/ 007320804f05a4478dc4efef22a976ef/RA_040 -2013GG-PJ.PDF?MOD=AJPERES& CACHEID=007320804f05a4478dc4efef22a976ef (accessed
23 June 2016).
Judiciary, Official Letter No. 234-2015-DDHH-PJ, Op. cit. p. 4.
Judiciary, National Plan for Access to Justice for Vulnerable Persons 2016 -2021, pp. 77-80.
JUSTICIA, article 3 of Supreme Decree No. 15-2003-JUS, El Peruano (Official Gazette) (11
September 2003).
V.17-05867
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