A/68/44
Pretrial detention
(9)
The Committee is concerned that some 60 per cent of all detainees are in pretrial
detention some of which may last up to 36 months, which contributes to the overcrowding
in detention centres throughout the country (arts. 2, 11 and 16).
The State party should take prompt steps to restrict the use of pretrial detention as
well as its duration, using alternative measures to imprisonment in line with the
United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo
Rules).
Conditions of detention
(10) The Committee is concerned at information about the conditions in detention centres
including overcrowding at 114 per cent, deteriorated infrastructure, including food and
temperature, poor sanitary conditions and only 54 doctors to cover the entire prison
population. In particular, the Committee expresses concern at the conditions in the highsecurity prison at the Callao naval base with prolonged solitary confinement, sensory
isolation, prohibition to communicate and half-hour family visits once a month, and at the
conditions in the Challapalca and Yanamayo detention centres (arts. 2, 11 and 16).
The State party should:
(a)
Take immediate steps to reduce overcrowding in places of detention,
including by the application of alternatives to imprisonment;
(b)
Adopt reasonable time frames for the construction of new prisons and
the expansion and renovation of existing places of detention;
(c)
Ensure that there are sufficient medical professionals, including mental
health professionals, in places of detention;
(d)
Use solitary confinement as a last resort, for as short a time as possible,
with the possibility of judicial control;
(e)
Ensure that the prisoners in the high-security prison in Callao are
treated in conformity with the United Nations Standard Minimum Rules for the
Treatment of Prisoners;
(f)
Consider closing the Challapalca and Yanamayo penitentiary centres.
Designation of a national preventive mechanism
(11) The Committee is very concerned that six years after its accession to the Optional
Protocol to the Convention, the State party has still not set up the national preventive
mechanism (art. 2).
The State party should without further delay establish the national preventive
mechanism in full compliance with the Optional Protocol and in particular grant it
sufficient financial, human and material resources in order to assume its mandate
effectively.
Use of force
(12) The Committee is concerned at allegations of excessive and disproportionate use of
force, including firearms, by the national police and armed forces during social protests as
well as arrests of human rights defenders, lawyers, representatives of the Ombudsman and
members of the indigenous population during such situations, and that to date there have
been no convictions regarding the incidents in Bagua, Celendín or Bambamarca (arts. 2, 10,
12, 13 and 16).
42
GE.13-46043
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