CAT/C/PER/CO/5-6
prosecution of all cases of human rights violations committed during the armed
conflict, including sexual violence, and provide redress to victims. All forms of sexual
violence should be included in national legislation prohibiting torture and Law No.
28592 should be enacted in order to allow for individual economic compensation for
such crimes. The Committee recommends that the State party expedite the
implementation of the Rome Statute in national legislation.
Comprehensive Reparation Plan
17.
While taking note of the introduction of the Comprehensive Reparation Plan and the
establishment of the Central Register of Victims concerning reparation for victims of
violence during the internal armed conflict from 1980 to 2000, the Committee is concerned
that Supreme Decree No. 051-2011-PCM will be implemented to close the Central Register
of Victims in spite of some 28,000 outstanding files requiring evaluation under the
Economic Reparation Programme. The Committee is also concerned at the insufficient
amount of economic reparation and at the slow pace of payments (art. 14).
The Committee recommends that:
(a)
The Reparation Council remain open and that the State party ensure
that the Central Register of Victims continues the process for determining and
identifying beneficiaries of the Economic Reparation Programme and amend article
41 of the regulations governing Act No. 28592 accordingly;
(b)
Allocation be made for sufficient financial and human resources
required for the full and timely implementation of the Comprehensive Reparation
Plan and that an increase in the amount of economic reparation be made which
should cover all the persons concerned.
Medical and psychological care for victims of torture
18.
While noting that torture victims of the internal armed conflict are entitled to receive
health services under the Comprehensive Reparation Plan and the comprehensive health
insurance scheme and that the National Criminal Court has ruled in recent cases of torture
that victims of torture should be given free physical and mental health care until they were
fully recovered, the Committee is concerned that the plan is far from being fully
implemented, that there is no specialized programme of medical and psychological care or
rehabilitation for victims of torture and that there are no records showing the number of
torture victims benefiting from health programmes. The Committee is further concerned at
the limited use of manuals developed to assess psychological sequelae of torture. A
rehabilitation programme should also be provided for post-conflict victims of torture (art.
14).
The State party should ensure that:
(a)
Public policies regarding full and complete redress to victims of torture
and ill-treatment are fully developed and disseminated, including the provision of
such specialized services in individual cases as may be necessary regardless of
geographical location, the socio-economic situation of victims, gender, and real or
perceived affiliation with current or former opposition groups;
(b)
Specialized services that are provided are of a sufficient quality to enable
all victims of torture to achieve as full rehabilitation as possible. These services should
take into account holistic rehabilitation methodologies such as combination of medical
and psychological care as well as legal, social, community and family-based,
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