CAT/OP/PER/1/Add.1
I. Introduction
1.
Peru has ratified the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment and the Optional Protocol to that Convention,
thereby committing itself to implementing the provisions of those instruments and
to working with the Subcommittee on Prevention of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (hereinafter referred to as the
“Subcommittee”).
2.
The Subcommittee prepared a report (CAT/OP/PER/R.1) following its visit to
Peru in 2013, which recommended the adoption of various measures, including
measures relating to: (i) the national preventive mechanism; (ii) the situation of
persons deprived of their liberty; and (iii) aspects of the legal and institutional
framework for the prevention of torture and ill-treatment.
3.
In that regard, the recommendations contained in the aforementioned report
are a starting point that can be used to identify remaining challenges in the
implementation of the provisions established in the instruments relating to that
subject.
4.
Accordingly, Peru requests the Subcommittee to make its report public to
enable its analysis, on the basis of which a commitment can be made to continuing
to take various measures to ensure respect for the dignity of the human person in the
face of torture and other cruel, inhuman or degrading treatment or punishment, with
a view to ensuring that the relevant entities and institution s are able to make
appropriate and effective interventions.
5.
Peru also requests the Subcommittee to publish the present document
containing its replies to the Subcommittee’s recommendations, in order to provide
an account of the progress that has been achieved since the Subcommittee’s visit.
II. Adoption of the National Preventive Mechanism Act
6.
In paragraph 13 of the Subcommittee’s report, the Subcommittee
recommended that the Congress of the Republic adopt the National Preventive
Mechanism Act without delay that year.
7.
In that regard, it should be noted that in December 2015, Peru adopted
Act No. 30394, 1 which expanded the functions of the Ombudsman’s Office, as the
body responsible for the national preventive mechanism.
8.
The Act also established that the national preventive mechanism would have
organizational and functional autonomy, would be independent of the executive,
legislative and judicial branches of government, and would, among other functions,
regularly examine the treatment of persons deprived of their liberty, with a view to
strengthening their protection against torture and other cruel, inhuman or degrading
treatment or punishment, if necessary.
9.
Accordingly, under Decision No. 007-2017/DP of 20 April 2017 of the
Ombudsman’s Office, the Regulations on the Organization and Functions of the
Ombudsman’s Office were amended and the Directorate of the National Preventive
Mechanism was incorporated into its institutional structure as a body that reported
to the First Office of the Deputy Ombudsman but retaining implementation capacity
and operational independence in the performance of its work.
10. It should be noted that the Ombudsman’s Office has indicated in its first
annual report of the national preventive mechanism 2 that the executive branch has
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1
2
V.17-05867
Congress of the Republic, Act No. 30394 expanding the functions of the Ombudsman’s Office as
the body responsible for the national preventive mechanism, El Peruano (Official Gazette)
(22 December 2015).
Ombudsman’s Office, First annual report of the national mechanism for the prevention of torture
3/27