E/CN.4/2005/85/Add.4
page 15
or contagious conditions (multi-drug-resistant tuberculosis, sexually transmitted diseases and
meningitis) which are not properly treated and create a public health problem. Drugs are also
apparently consumed on a massive scale inside prisons. It was complained that there were no
medical specialists (paediatricians or others) and that the cost of transfer to hospital had to be
paid for by the prisoners themselves. In the prison in Chorrillos a complaint of sexual
harassment had been filed against one of the prison doctors.
55.
The prisons visited had a population up to three times greater than that for which they
were built.25 The President of the National Penitentiary Institute, in an official communication
(No. 671-2004-INPE/01) of 30 September 2004, acknowledged that “the budgetary,
organizational and logistical limitations of the institution do not allow for compliance with the
right to enjoy an appropriate environment, because of the overcrowding in many of Peru’s
prisons”. This situation forces a large proportion of the prison population to sleep on the floor.
In the prison in Chorrillos, the prisoners spoke about a “prevention” cell - a tiny cell with a
toilet - in which there were about 70 women.
56.
The Special Rapporteur observed the poor hygiene and unsanitary conditions in the
kitchen in the prison in Callao, while the inmates of the prison in Chorrillos complained of a
similar situation there, as well as the lack of a dining hall. Individual cookers had been banned
in the prison in Callao, but prisoners were getting them back by making surreptitious payments
to prison officials. This prison apparently had running water three times a day for 45 minutes,
from a well that had not been cleaned in recent years and a pump that was also used for the
drainage and sewerage system. The prisoners said that they suffered from gastrointestinal
illnesses and skin complaints for that reason. They had themselves carried out maintenance
work on the electrical system to prevent fire risks.
57.
In both prisons, the inmates said that they suffered from depression because they were
afraid of being transferred to other prisons where the conditions were worse. No cases of torture
were reported.
58.
Of the 261 foreigners in the prison in Callao, only 61 had been sentenced and in the
prison in Chorrillos 98 foreign women prisoners had been charged and 37 sentenced. The
Special Rapporteur spoke to prisoners who had spent up to 25 months without being sentenced.
The maximum period of detention for a person who has not been convicted was increased in
2001 from 15 to 18 months and doubled to 36 months for some offences such as illicit drug
trafficking (and could be extended up to 72 months in complex cases).26 Both male and female
foreign prisoners called for administrative decisions to be expedited, opportunities for dialogue
between judges, prisoners and the Ombudsman’s Office to be restored and the decisions in their
trials to be sent to them so that they would be better able to defend themselves.
59.
The documents necessary for the recognition of prison privileges include a copy of the
enforceable sentence and the person’s criminal record, reports by the technical processing body
and a certificate of residence. This last-mentioned requirement has given rise to a black market
in certificates of residence inside the prisons, since foreign prisoners who have no residence or
relatives in Peru buy them from Peruvian prisoners. Prisoners commented that the granting of