E/CN.4/1999/63/Add.2
page 21
people are convicted for their titles'”; “the most serious thing is that
judges do not require proof of what the repenter has said”. This last
criticism was heard over and over.
105. Other abuses also occurred: (a) many testimonies given during the time
the Act was in force continue to be invoked informally; (b) DINCOTE continues
to interrogate repenters; (c) the arrest warrants continue to be valid (see
para. 166).
106. Another serious criticism is that repenters are not allowed to be
cross-examined during trial.
107. Legislative Decree No. 901 of 1998, which uses the term “cooperation”
rather than the term “repentance”, has re-established certain benefits to
“combat crime, thereby facilitating the cooperation of the persons involved”.
IV.
PRISON REGIME FOR PERSONS CONVICTED OF TERRORIST
OFFENCES AND TREASON
108. Although material prison conditions are not directly within the Working
Group's mandate, the Group will inevitably take note of them when visiting a
country, as it did in Peru. In Peru, there are 89 prisons with a population
of 24,408 inmates, of whom 13 per cent are on trial for or have been
convicted of the offences of terrorism or treason; 91.8 per cent are men
and 8.2 per cent women.
109. The prisons are administered by the National Prisons Institute of the
Ministry of Justice, which is also being reorganized. Prisons for terrorist
prisoners are within the jurisdiction of the Ministry of the Interior.
110. The Ombudsman said that security is more important than treatment in
prisons, “despite the fact that, in accordance with article 139, paragraph 22,
of the Constitution of Peru, the basic objective of penitentiary regimes is
re-education, rehabilitation and reintegration into society”.
111. Persons accused of terrorism and treason are separated from those
accused or convicted of ordinary offences. The former are separated
politically: members of Shining Path, members of the Tupac Amaru
Revolutionary Movement and the “independents”, who include those who do not
belong to these movements and those who no longer belong to these movements,
particularly the repenters.
112. In the maximum security prisons, the regime applicable to prisoners held
for terrorist-related offences and treason, the living conditions and the
system of visits are very harsh, although improvements are being made.
Prisoners are confined to their cells and are allowed no visits during the
first year. Later, they are subjected to forced labour and are allowed only
one visit a month for one hour by their three closest family members. This
regime is now weekly, but for those who are imprisoned in towns other than
where their family lives, such improvements are largely academic.
113. In Picsi Prison, there were 1,053 inmates, of whom 327 were being held
for terrorism. They included 104 “repenters” (99 sentenced and 5 on trial).
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