CAT/OP/PER/1/Add.1
not provided the resources required for the national preventive mechanism to
operate; nevertheless, various measures have been implemented for the
establishment of the mechanism.
III. Situation of persons deprived of their liberty
3.1
Detention in police stations and judicial police holding cells
3.1.1
Physical conditions
11. Paragraph 17 of the Subcommittee’s report recommends that Peru take
measures to bring conditions of detention into line with international standards and
to ensure that they satisfy detainees’ basic needs with regard to sanitation, bedding,
food, water and possibilities for recreation.
12. With the aim of improving prison conditions, the National Prison Policy and
the National Plan on Prison Policy 2016-2020 were adopted in 2016 under Supreme
Decree No. 005-2016-JUS. 3
13. The National Prison Policy incorporates human rights, gender, human and
intercultural approaches, and has three strategic axes: (i) a criminal justice system
that is designed to streamline the entry of persons into and exit of persons from the
prison system; (ii) treatment, which corresponds to all activities aimed at
reintegrating prisoners who are in open institutions or have served their sentence;
and (iii) streamlining to facilitate the building of a relationship and links between
the prison population and society. On the basis of those axes, the Policy develops its
proposal in 6 general guidelines and 23 specific guidelines.
14. It should also be noted that the “judicial police holding cells” referred to in the
Subcommittee’s report are not the responsibility of the judiciary but of the National
Prison Institute 4 . Their official name is “temporary establishments for untried
detainees in Lima and other regions of the country”. 5
3.1.2
Medical examinations
15. Paragraph 20 of the Subcommittee’s report recommends, among other
measures, the medical examination of persons admitted to detention centres and the
proper reporting of injuries found during those examinations.
16. In that regard, it should be noted that, with respect to medical examinations,
the Institute of Legal Medicine and Forensic Sciences 6 is guided by the Protocol on
the Investigation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, which has been adapted from the Istanbul Protocol, adopted under
Memorandum No. 271-2010-MP-FN-IML/JN of 6 April 2010.
__________________
3
4
5
6
4/27
and other cruel, inhuman or degrading treatment or punishment , p. 11. Available from
http://www.defensoria.gob.pe/modules/Downloads/informes/anuales/Informe_tortura_2016.1.pdf
(accessed 23 June 2017).
Ministry of Justice and Human Rights, Supreme Decree No. 005-2016-JUS adopting the National
Prison Policy and the National Plan on Prison Policy, El Peruano (Official Gazette) (15 July
2016). Available from http://www.minjus.gob.pe/wp-content/uploads/2016/07/DS-N-005-2016JUS.pdf (accessed 1 July 2017).
Article 64 of the Regulations on the Organization and Functions of the National Prison Institute,
adopted under Supreme Decree No. 009-2007-JUS, published in the El Peruano (Official
Gazette) on 10 October 1997, states that “Temporary Establishments are organizational units that
are responsible for the temporary reception of persons deprived of their liberty prior to their
entry into prison, for the purposes of their identification and classification or transfer. They are
under the responsibility of the Regional Director of the relevant Regional Office”.
Judiciary, Official Letter No. 2215-2016-SG-CS-PJ of 28 March 2016, Report No. 32-2016-GAP-PJ of 18 March 2016, p. 2.
Institute of Legal Medicine and Forensic Sciences of the Public Prosecution Service, Official
Letter No. 4257-2015-MP-FN-IML-JN of 30 November 2015, p. 2.
V.17-05867