CAT/C/PER/CO/5-6
(a)
Entry into force in July 2006 of the new Code of Criminal Procedure,
adopted by Legislative Decree No. 957 of July 2004;
2005;
(b)
Approval by Act No. 28592 of the Comprehensive Reparations Plan, in July
(c)
Incorporation of the crime of femicide in article 107 of the Criminal Code;
(d)
Repeal on 15 September 2010 of Legislative Decree No. 1097 that stipulated
that the Convention on the Non-Applicability of Statutory Limitations to War Crimes and
Crimes against Humanity would only apply as of 9 November 2003;
(e)
Adoption of Refugee Law No. 27891 of 20 December 2002.
6.
The Committee also welcomes the efforts of the State party to amend its policies,
programmes and administrative measures to give effect to the Convention, including:
(a)
Establishment of a specialized judicial subsystem under the Public
Prosecutor’s Office and the Judiciary to prosecute human rights violations committed
during the internal armed conflict;
(b)
Establishment in 2006 of the Central Register of Victims under the
responsibility of the Reparations Council;
(c)
Adoption of the National Mental Health Plan and of the Coordinated
National Health Plan 2007-2020 which gives priority attention to victims of political
violence;
(d)
Establishment in October 2010 of the Multisectoral Technical Commission to
draw up guidelines and methodologies to determine amounts, procedures and conditions for
the Economic Reparations Programme payments;
(e)
Establishment on 7 December 2011 of a Vice-Ministry for Human Rights and
Access to Justice within the Ministry of Justice;
(f)
Establishment of the Special Commission on Refugees (CEPR);
(g)
Adoption of the Second National Action Plan to Combat Violence against
Women 2009-2015;
(h)
2011-2016;
(i)
C.
Adoption of the National Action Plan to Combat Trafficking in Persons
Adoption of the National Human Rights Plan of Action 2012-2016.
Principal subjects of concern and recommendations
Definition of torture
7.
The Committee is concerned that the definition of torture in the Criminal Code does
not include discrimination of any kind as one of its elements (arts. 1 and 4).
The Committee recommends that the State party amend its Criminal Code to include
a definition of torture that covers all the elements contained in article 1 of the
Convention.
Allegations of torture and ill-treatment, fundamental legal safeguards
8.
The Committee takes note of the information from the State party on numerous
allegations of torture and ill-treatment in custody by law enforcement and security officials,
but is concerned at the lack of thorough investigations and the small number of convictions
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