The State party should:
(a)
Guarantee the prompt, impartial and thorough investigation of all reports of acts of
torture and ill-treatment and forced disappearances perpetrated by agents of the State. Such
investigations should not be carried out by the military criminal justice system. If charges of torture are
brought, the accused should be suspended or transferred for the duration of the investigation to avoid
any risk of interference with the inquiry. The Committee recalls that the Armed Forces and police are
obliged to cooperate in investigations by the ordinary courts;
(b)
Bring the perpetrators to trial and impose suitable penalties on those convicted, in order
to ensure that no act of this kind is left unpunished;
(c)
Ensure that the Public Prosecutor’s Office and the forensic medical institute have
sufficient resources of their own and that their staff are provided with appropriate training to enable
them to carry out their duties.
Training of officials (art. 10)
(17)
The Committee recognizes the State party’s efforts to improve the training of justice administration officials. It
is nevertheless concerned that justice officials and medical staff are still not sufficiently trained to detect cases of torture
and cruel, inhuman and degrading treatment, particularly in the context of pretrial detention.
The State party should extend training programmes dealing with the obligations imposed by the
Convention for police, army and prison officials and for prosecutors, particularly as regards the correct
classification of cases of torture. It is also recommended that it should develop training programmes for
medical personnel assigned to the detection of cases of torture and also for persons involved in the
treatment and rehabilitation of torture victims.
Conditions in detention centres and prisons (arts. 1, 11, 12, 16)
(18)
The Committee is concerned at the continuing reports of torture and ill-treatment occurring in places of pretrial
detention and prisons. It is also concerned at over-population and overcrowding within the prison system and at the lack
of medical personnel and of court-appointed counsel to conduct public defence proceedings.
The State party should take urgent steps to reduce overcrowding in prisons and give priority to
improving access to medical staff and court-appointed counsel.
(19)
The Committee takes note of the information provided on the closure of Challapalca prison, but regrets that
Yanamayo prison has not been closed despite the Committee’s explicit recommendation following its article 20 inquiry
in 1998. The Committee is also concerned that the maximum-security prison administered by the Navy at El Callao
naval base is still being used for ordinary prisoners.
The State party should close Yanamayo prison. It should also ensure that responsibility for all civilian
prison facilities lies with civil and not military authorities. Lastly, the State party should implement its
National Plan for the Treatment of Prisoners.
Intimidation and threats
(20)
The Committee expresses concern over the allegations it has received of reprisals, intimidation and threats
against those who report acts of torture and ill-treatment, and at the lack of effective mechanisms to protect witnesses
and victims. The Committee regrets that human rights defenders who have cooperated with the Truth and
Reconciliation Commission have been subjected to threats.
52
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents