E/CN.4/1998/38 page 31 Observations 153. While aware that many of the outstanding cases occurred before the present Government was elected, he notes that the State remains responsible for investigating earlier cases and bringing to justice those identified to have been responsible for acts of torture. He is disturbed to learn that despite the assurances he had received, fetters may still be being used as a form of punishment in jails. He is also aware of resistance to bringing prison rules into line with the Abolition of the Punishment of Whipping Act and with the Law Commission’s recommendation that the use of fetters as a punishment be abolished. In general, he would urge the Government to supply information on the follow-up that may have been given to the recommendations contained in the report of his mission. Peru 154. By letter dated 26 May 1997 the Special Rapporteur advised the Government that he had received information that torture continued to be widely practised in the country, both against those suspected of common criminal offences and against those suspected of offences of a political nature, and not only in the zones under a state of emergency. In particular, this was alleged to be done in the towns and cities by units of the anti-terrorist police (DINCOTE), and in the rural areas by the armed forces having control over the zone because of the state of emergency. Various aspects of the anti-terrorist legislation would appear to contribute to this situation. They include the period of time said to be available to the police to interrogate suspects and bring charges, which would seem to be almost unlimited. During their inquiries the police can hold someone in custody for up to 15 days and, if they decide that the proper completion of the investigation so requires, they can extend this period indefinitely. Moreover, the type of evidence most commonly presented by the police against persons suspected of terrorist offences was statements by these or other suspects, often unsupported and even contradicted by other evidence. 155. It was reported that prison conditions were particularly bad for persons serving a sentence under the anti-terrorist legislation. These prisoners were usually kept in solitary confinement for the first year of their sentence, were allowed to leave their cell for only 30 minutes a day and to receive visits only from their lawyers. Only after the first year were they allowed visits from relatives (30 minutes a month for adults and once every three months for children). 156. In the same letter the Special Rapporteur transmitted to the Government 22 new cases, some of them collective cases, and again transmitted others sent in 1996 on which no reply had been received from the Government. The Government replied to some of the new cases and to some of those transmitted in previous years. The Special Rapporteur also made an urgent appeal on behalf of two persons, to which the Government replied.

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