CAT/OP/PER/1/Add.1 47. However, the Ombudsman’s Office has indicated that despite the building of new prisons, including Cochamarca prison in Pasco, which can accommodate 1224 persons, those efforts are insufficient given the scale of the problem of overcrowding. 32 48. Legislative Decree No. 1322 33 also applies, which seeks, inter alia, to contribute to reducing levels of overcrowding in prisons through a system of electronic tagging, which may be used: (i) in the case of accused persons, when the charge against them relates to the alleged commission of offences punishable by a term of imprisonment of up to eight years; and (ii) in the case of convicted persons who have been sentenced to a term of imprisonment of up to eight years. 49. That Decree establishes the following non-exhaustive priority criteria for electronic tagging: persons over 65 years of age, persons with a serious disease certified by a medical expert; persons with a permanent physical disability that affects their movement; pregnant women; women with children under three years of age; and mothers or fathers who are the head of the family and have a minor child or a child or spouse who has a permanent disability, provided that that individual is under their care. 34 50. In addition, amendments were made to the provisions of article 290 of the New Code of Criminal Procedure 35 on house arrest, which shall be imposed when, despite pretrial detention being applicable, the accused: (i) is over 65 years of age; (ii) has a serious or incurable disease; (iii) has a serious and permanent physical disability that severely affects their ability to move around; or (iv) is pregnant. 51. It should be noted that the National Plan on Access to Justice for Persons in Vulnerable Situations 2016-2021 of the judiciary 36 includes “Theme 9: Deprivation of Liberty”, which establishes implementation strategies to benefit persons deprived of their liberty, including the following action points: “(i) coordinate with the National Prison Institute to identify vulnerable persons deprived of their liberty, in order to treat them in a manner appropriate to their situation; and (ii) update the statistical data on convicted and accused persons who are vulnerable in order to improve their medical care, diet, hygiene and other aspects of their welfare ”. 52. With regard to the reduction of visiting hours at Trujillo, Chiclayo and Cajamarca prisons, the National Prison Institute has reported that owing to high levels of overcrowding in those prisons and in order to prevent criminal activities, it has been established that visits must take place on Saturdays for women and Sundays for men, and that visitors must be immediate family members. 37 53. To date, the National Prison Institute has established that only female staff may conduct intimate body searches of women to “prevent the entry of toxic substances, weapons and other prohibited items into prisons”. 38 For such searches, __________________ 31 32 33 34 35 36 37 38 V.17-05867 Ibid. Ombudsman’s Office, First annual report of the national mechanism for the prevention of torture and other cruel, inhuman or degrading treatment or punishment , p. 18. Executive branch of government, articles 2 and 5 (1) of Legislative Decree No. 1322, El Peruano (Official Gazette) (6 January 2017). Article 5 (2) of Legislative Decree No. 1322. Executive branch of government, Legislative Decree No. 957, Code of Criminal Procedure, El Peruano (Official Gazette) (29 July 2004). Article amended by the Fourth Supplementary Provision amending Legisl ative Decree No. 1229. Judiciary, National Plan on Access to Justice for Persons in Vulnerable Situations 2016 -2021, Administrative Decision No. 090-2016-CE-PJ, El Peruano (Official Gazette) (7 April 2016), pp. 104 and 105. Available from: https://scc.pj.gob.pe/wps/wcm/connect/2b4459804d160074ad7cbdd13fde886c/PLAN+NACION AL+19-04+CORREGIDO+FINAL%5B1%5D.pdf?MOD=AJPERES&CACHEID= 2b4459804d160074ad7cbdd13fde886c (accessed 23 June 2016). National Prison Institute, Official Letter No. 377-2017-INPE/4 of 8 January 2016. Further information provided by email on 23 June 2017, p. 7. National Prison Institute, article 101 of Presidential Decision No. 003 -2008-INPE/P of 3 January 2008. Available from http://www.inpe.gob.pe/pdf/asistencias/ResPre -003-2008-INPE.pdf. 9/27