C. Subjects of concern and recommendations
Persistence of complaints of torture and cruel treatment
(12)
The Committee takes note of the decline in the number of complaints of police torture submitted to the Office
of the Ombudsman during the period 1999 to 2004. Nevertheless, the Committee is concerned that complaints continue
to be received against officials of the national police, the Armed Forces and the prison system. It is also concerned that
complaints of torture and cruel treatment continue to be received in respect of recruits on military service.
The State party should take effective steps to prevent torture in any territory under its jurisdiction. The
Committee reminds the State party of its obligation to investigate promptly, impartially and thoroughly
all complaints submitted and to ensure that appropriate penalties are imposed on those convicted and
that reparation is made to victims.
Office of the Ombudsman
(13)
The Committee acknowledges the important role played by the Office of the Ombudsman in the promotion and
protection of human rights in Peru, and draws particular attention to its role in the inspection of places of detention. The
Committee expresses concern at the frequency with which the authorities fail to comply with their obligation to
cooperate with the Office of the Ombudsman and at the State party’s failure to implement its recommendations.
The State party should take the necessary steps to support the work of the Office of the Ombudsman,
including by widely disseminating information on its terms of reference and by implementing its
recommendations.
National registry on complaints of torture and other inhuman treatment
(14)
The Committee takes note of the delegation’s statement concerning the Office of the Ombudsman’s registry; it
considers, however, that the State party should supplement this with a registry at the Public Prosecutor’s Office.
The State party should establish a national registry for all complaints received from alleged victims of
torture or cruel, inhuman and degrading treatment, as stated in the Committee’s concluding
observations in 1999 (A/55/44, paras. 56-63).
States of emergency
(15)
The Committee is concerned at the frequency with which states of emergency are proclaimed and at reports of
abuses on the part of the police and the Armed Forces occurring during such exceptional circumstances.
The State party should confine the proclamation of states of emergency to situations where it is
absolutely necessary and scrupulously comply with its human rights obligations during such periods, in
accordance with article 2, paragraph 2, of the Convention.
Prompt and impartial investigation (arts. 4, 13)
(16)
The Committee recognizes the State party’s progress in repealing amnesty laws and bringing criminal
proceedings against army and police officers for acts of torture. The Committee remains concerned, however, at the
excessive length of such proceedings and regrets that the jurisdiction of the military criminal courts is not exercised in
accordance with the international human rights obligations entered into by Peru in accordance with the Convention.
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