SPECIAL REPORT ON THE HUMAN RIGHTS SITUATION AT THE CHALLAPALCA PRISON, DEPARTMENT OF TACNA, REPUBLIC OF PERU (2025)

SPECIAL REPORT ON THE HUMAN RIGHTS SITUATION AT THE CHALLAPALCA PRISON,DEPARTMENT OF TACNA, REPUBLIC OF PERU

I. INTRODUCTION

1. Thepresent report is the result of the visit by the Inter-AmericanCommission on Human Rights (hereinafter “the Commission” or “the IACHR”)to the Challapalca Prison (hereinafter also “the prison”), located inthe department of Tacna, Republic of Peru (hereinafter “Peru,” “thePeruvian State,” or “the State”), on August 22 and 23, 2002.

2. Inthe framework of its functions of promoting and protecting human rights,the Inter-American Commission on Human Rights (IACHR) has been closelymonitoring the development of these rights in the Americas in specificsituations, such as those of persons deprived of liberty in prisons inwhich inmates, both men and women, suffer a variety of grave humanrights violations.<![if !supportFootnotes]>[1]<![endif]>

3. InNovember of 1998 the Inter-American Commission made an on-site visit toPeru, which included visits to some prisons. Subsequently, theCommission released its Second Report on the Situation of Human Rightsin Peru, which included a chapter on the prison situation.<![if !supportFootnotes]>[2]<![endif]>In that report, the IACHR indicated that:

The right andobligation of the State to punish persons who commit crimes are beyondany doubt. Yet certainly this does not imply that persons deprived oftheir liberty, most of whom in Peru and elsewhere in the hemisphere arein preventive detention, i.e. they have not been found liable by anycourt, do not have the right to be treated with full respect for theirhuman dignity.<![if !supportFootnotes]>[3]<![endif]>

4. Inits on-site visit, the Inter-American Commission visited the ChallapalcaPrison, which is a penitentiary situated more than 4,600 meters abovesea level, between the departments of Tacna and Puno, in the AndeanCordillera, near Peru’s border with Bolivia. In that same report, theCommission noted:

some prisons, such asthose at Challapalca and Yanamayo, are in totally inhospitable places,both cold and geographically isolated. This makes it very difficult, inpractice, for relatives to visit, because of the distance and otherrelated obstacles. In addition, the conditions of detention of manydetainees are excessively severe, as they are practically not allowed tospend time in the yard nor to do physical exercise.<![if !supportFootnotes]>[4]<![endif]>

5. Asregards the extreme conditions of detention in that prison, theCommission recommended to the Peruvian State that “the prisons atChallapalca and Yanamayo be deemed unfit to serve that purpose, and thatthe personnel detained at those prisons be transferred to otherprisons.”<![if !supportFootnotes]>[5]<![endif]>

6. Inthe context of a visit to the country by Marta Altolaguirre, SecondVice-President of the IACHR and rapporteur for Peru, August 19 to 23,2002, with the consent and assistance of the Peruvian State, and havingreceived information on circumstances involving alleged human rightsviolations at that prison,<![if !supportFootnotes]>[6]<![endif]>a visit was made to the Challapalca Prison on August 22 and 23, 2002.The IACHR designated attorneys Ignacio J. Alvarez and Pedro E. Díaz,specialists with the Commission’s Executive Secretariat, to perform thatvisit, and to report on it to the plenary of the Commission.

7.During the Commission’s visit meetings were held with Fausto Alvarado,Minister of Justice of Peru, Vice-Minister of Justice Alfredo SolfMonsalve, and other officials of the Ministry of Justice. Those meetingsaddressed the conditions of detention at the Challapalca Prison,especially regarding the IACHR’s recommendation that it be deemed unfitto serve as a prison. At that meeting, the Minister of Justice statedthat the Peruvian State would carry out the IACHR’s recommendation byshutting it down.<![if !supportFootnotes]>[7]<![endif]>

8.Prior to traveling to the prison, the Commission also met with relativesof prisoners held there,<![if !supportFootnotes]>[8]<![endif]>with members of the Coordinadora Nacional de Derechos Humanos,and with representatives of various state organs that provided valuableinformation related to the conditions of detention of the persons heldthere, information that they have continued to provide since the visit,and during the time that it has taken to prepare this report. Inaddition, the State has given several answers to the Commission’srequest for further information on some figures, indicating the numberof detainees transferred during this time.

9. Allthe aspects mentioned have been taken into account by the Commission inpreparing this report.

10. ThePeruvian State granted all the facilities necessary for carrying out thevisit, in which the Commission’s delegation was accompanied by José LuisRobles, Third Director of the National Penitentiary Institute (INPE).The Commission had full access to the Challapalca Prison, and to therecords kept there. The Commission was allowed to speak in private withany inmate, and to freely move about, film, and photograph all thefacilities.

11.After that visit, and in keeping with the provisions of Article 41 ofthe American Convention on Human Rights, Article 18 of the IACHR’sStatute, and Articles 56 and 58 of its Rules of Procedure, theInter-American Commission, in plenary, adopted this Special Report onthe Human Rights Situation at the Challapalca Prison.

12. TheCommission expresses its gratitude to the Peruvian State for all thesupport it has provided for carrying out the visit, and hopes that hisreport will be a decisive contribution to solving the human rightssituation at the Challapalca Prison.

II. LEGAL FRAMEWORK

13. Thisreport has been prepared taking into account international rules andstandards related to the conditions of detention, as well as provisionsof Peruvian legislation on the matter.

A. International Law

14.Article 1 of the American Convention establishes that the States partiesundertake to respect the rights and freedoms recognized in it, and toensure the free and full exercise by all persons subject to theirjurisdiction, with no discrimination whatsoever. Article 5 of theAmerican Convention, on the right to humane treatment, provides asfollows:

1. Everyperson has the right to have his physical, mental, and moral integrityrespected.

2. No oneshall be subjected to torture or to cruel, inhuman, or degradingpunishment or treatment. All persons deprived of their liberty shall betreated with respect for the inherent dignity of the human person.

3. Punishmentshall not be extended to any person other than the criminal.

4. Accusedpersons shall, save in exceptional circumstances, be segregated fromconvicted persons, and shall be subject to separate treatmentappropriate to their status as unconvicted persons.

5. Minorswhile subject to criminal proceedings shall be separated from adults andbrought before specialized tribunals, as speedily as possible, so thatthey may be treated in accordance with their status as minors.

6. Punishmentsconsisting of deprivation of liberty shall have as an essential aim thereform and social readaptation of the prisoners.

15. Article 7 of the same Convention provides that:

1. Everyperson has the right to personal liberty and security.

2. No oneshall be deprived of his physical liberty except for the reasons andunder the conditions established beforehand by the constitution of theState Party concerned or by a law established pursuant thereto.

3. No oneshall be subject to arbitrary arrest or imprisonment.

4. Anyone whois detained shall be informed of the reasons for his detention and shallbe promptly notified of the charge or charges against him.

5. Any persondetained shall be brought promptly before a judge or other officerauthorized by law to exercise judicial power and shall be entitled totrial within a reasonable time or to be released without prejudice tothe continuation of the proceedings. His release may be subject toguarantees to assure his appearance for trial.

6. Anyone whois deprived of his liberty shall be entitled to recourse to a competentcourt, in order that the court may decide without delay on thelawfulness of his arrest or detention and order his release if thearrest or detention is unlawful. In States Parties whose laws providethat anyone who believes himself to be threatened with deprivation ofhis liberty is entitled to recourse to a competent court in order thatit may decide on the lawfulness of such threat, this remedy may not berestricted or abolished. The interested party or another person in hisbehalf is entitled to seek these remedies.

7. No oneshall be detained for debt. This principle shall not limit the orders ofa competent judicial authority issued for nonfulfillment of duties ofsupport.

16. Inthe context of the universal system for the protection of human rights,there are also specific instruments related to the human rights ofpersons deprived of liberty. The main ones–the Standard Minimum Rulesfor the Treatment of Prisoners<![if !supportFootnotes]>[9]<![endif]>and the Body of Principles for the Protection of All Persons under AnyForm of Detention or Imprisonment<![if !supportFootnotes]>[10]<![endif]>–establishimportant standards and provisions for the treatment of detainees.

17. TheInter-American Court has highlighted the importance of the internationalstandards for the protection of human rights applicable to conditions ofdetention, and specifically has recognized the above-noted StandardMinimum Rules for the Treatment of Prisoners as an applicablefundamental standard in this area.<![if !supportFootnotes]>[11]<![endif]>Taking this circumstance into account, in this report the Commissionwill draw especially on the Standard Minimum Rules for the Treatment ofPrisoners, in analyzing the various aspects of the conditions ofdetention at the Challapalca prison, making reference not only to theserious problems that exist there, but also to the positive aspectsobserved by the IACHR in its visit.

B.Domestic law

18. TheConstitution of Peru provides in its first article that “the defense ofthe human person and respect for human dignity are the supreme end ofsociety and the State.” The Constitution also enshrines, in Article139, the “right of the prisoners and convicts to occupy adequateestablishments” and the “principle that the prison regime has as itspurpose the re-education, rehabilitation, and re-incorporation intosociety of the person punished.”

19. The1991 Code of Criminal Enforcement provides that “enforcement of criminalsentences and measures that deprive the accused of their liberty to befree from torture or inhuman or humiliating treatment and of any otheract or procedure that is an affront to the dignity of the inmate,” thatthe “prison regime respects those rights of the prisoner not affected bythe conviction,” that the “Penitentiary System incorporates theprovisions, conclusions, and recommendations of the United Nations forthe prevention of crime and treatment of the criminal,” and that the"inmate occupy an adequate environment and be accorded comprehensivetreatment, from intake to release.”<![if !supportFootnotes]>[12]<![endif]>

20.There are also specific laws, regulations, guidelines, and practicesrelated to the conditions of detention, that the State can always applyso long as they are not contrary to the international principles andstandards that govern the matter.<![if !supportFootnotes]>[13]<![endif]>

III.CONDITIONSOF DETENTION IN THE CHALLAPALCA PRISON

A.General description

21. TheChallapalca Prison is located in the department of Puno, in the Andeancordillera near Peru’s border with Bolivia, in southeastern Peru, at analtitude of 4,600 meters above sea level,<![if !supportFootnotes]>[14]<![endif]>near the Inclán military fort of the Cavalry, 211 km from the city ofPuno, by land, in poor conditions (dirt road), through unpopulatedareas. The trip from the city of Puno takes about six hours, dependingon road conditions.

22. Theclosest population center, by road, is Mazocruz, located approximatelytwo hours away. This town does not offer sufficient facilities forpersons to arrive and spend the night prior to continuing on toChallapalca.

23. Theprison was built in 1997. It has a relatively modern and finishedstructure, but it does not have basic water, power, and communicationsservices on a permanent basis. The prison consists of five blocks ofbuildings. One is for the prison administration sleeping quarters forthe guards, and a sector with four cells for solitary confinement, or“spaces for reflection,” as they call them. Another block has thekitchen and the infirmary area, which is made up of the doctor’s office,the pharmacy, and two more rooms for laboratories and an operating room.

24.There are three blocks or pavilions with two independent floors, wallscovered with bars, zinc roofs, and enclosed in a hard mesh. They aredivided into four sectors or corridors with cells, two rooms in eachpavilion which were said to be earmarked for a library or workshops, andan inner yard. There are 122 cells, with a capacity for 242 inmates.

25.There is no regular electricity or running water. The prison has anelectrical generator that operates from 5:00 p.m. to 5:00 a..m. for theoutside areas, and until 9:00 p.m. for the cells. Water for humanconsumption in the prison is drawn from a well located approximately onekilometer away.

26. Thetemperatures recorded most of the year are from 8 to 9 degrees Celsiusin the day, and dropping sharply through the late afternoon and evening,to minus 20 degrees Celsius, with a steady icy wind that sharpens andworsens the effects of the altitude, especially as of June, when thewinter begins.<![if !supportFootnotes]>[15]<![endif]>

27.Challapalca is considered a closed-regime prison in the terms of thePeruvian prison code.<![if !supportFootnotes]>[16]<![endif]>Prisoners who have difficulty adapting at the other prisons, who incitedisobedience or indiscipline, or who are considered highly dangerousconsidering the crime for which they’ve been convicted, such as thecrimes of terrorism (terrorismo) and treason (traición a lapatria), among others, or due to their personality, are taken there.

28. Thesecurity of the prison is guaranteed by 51 INPE guards who work inthree-month shifts, as does the director; they are then transferred toother prisons. It was indicated that the staff should receive anadditional economic incentive to accept working at the prison, due tothe poor conditions and the remote location. It was also reported thatit had been some time since they had been paid such incentive pay, dueto the lack of resources.

29. Asindicated supra, special attention will be given to the AmericanConvention on Human Rights, the Standard Minimum Rules for Treatment ofPrisoners, and Peru’s domestic legislation.

1.Register and location of detainees

30. TheAmerican Convention on Human Rights provides:

Article 5. Right toHumane Treatment

4. Accusedpersons shall, save in exceptional circumstances, be segregated fromconvicted persons, and shall be subject to separate treatmentappropriate to their status as unconvicted persons.

31. Asregards the location and classification of detained persons, theStandard Minimum Rules for the Treatment of Prisoners provide:

7(1) In everyplace where persons are imprisoned there shall be kept a boundregistration book with numbered pages in which shall be entered inrespect of each prisoner received: (a) Information concerning hisidentity; (b) The reasons for his commitment and the authority therefor;(c) The day and hour of his admission and release. (2) No person shallbe received in an institution without a valid commitment order of whichthe details shall have been previously entered in the register.Separation of categories

8. Thedifferent categories of prisoners shall be kept in separate institutionsor parts of institutions taking account of their sex, age, criminalrecord, the legal reason for their detention and the necessities oftheir treatment. Thus, .... (b) Untried prisoners shall be kept separatefrom convicted prisoners;....

32. The Code ofCriminal Enforcement of Peru indicates:

Article 98. Theclosed-regime establishments are classified as ordinaries and specials.

Closed-regimeestablishments are classified as regular and special. The regularclosed-regime establishments are characterized by the strict control andlimitation on common activities and on contact with the outside world.The special closed-regime establishments are for convicts who havedifficulty readapting, and, on an exceptional basis, in separate areas,for unconvicted persons who have difficulty readapting, in which casethe competent authority is to be informed.

33.Based on the information presented by the prison administration, it wasdetermined that there is a registration book showing 95 inmates as ofAugust 2002. Of these, six are on record as accused, i.e. they have notbeen convicted, and two are serving sentences of less than six years.The untried persons are held in the same pavilions as the convicts.

2.Accommodation

34. TheStandard Minimum Rules for the Treatment of Prisoners provide:

9.(1) Wheresleeping accommodation is in individual cells or rooms, each prisonershall occupy by night a cell or room by himself.

35. TheCommission found that the detainees are kept in one-person cells,thereby complying with this principle. The prison is not overcrowded.

3.Physical conditions of detention

36. TheStandard Minimum Rules for the Treatment of Prisoners provide:

10. Allaccommodation provided for the use of prisoners and in particular allsleeping accommodation shall meet all requirements of health, due regardbeing paid to climatic conditions and particularly to cubic content ofair, minimum floor space, lighting, heating and ventilation.

11. In allplaces where prisoners are required to live or work, (a) The windowsshall be large enough to enable the prisoners to read or work by naturallight, and shall be so constructed that they can allow the entrance offresh air whether or not there is artificial ventilation; (b) Artificiallight shall be provided sufficient for the prisoners to read or workwithout injury to eyesight.

12. The sanitaryinstallations shall be adequate to enable every prisoner to comply withthe needs of nature when necessary and in a clean and decent manner.

13. Adequatebathing and shower installations shall be provided so that everyprisoner may be enabled and required to have a bath or shower, at atemperature suitable to the climate, as frequently as necessary forgeneral hygiene according to season and geographical region, but atleast once a week in a temperate climate.

14. All pans ofan institution regularly used by prisoners shall be properly maintainedand kept scrupulously clean at all times.

37. TheConstitution of Peru provides:

Article 139. Thefollowing are principles and rights of the judicial function:

21. The right ofprisoners and convicts to occupy adequate establishments.

38.Despite the difficult conditions, due to the temperature, the Commissionfound that the cells and corridors have no heating, and that theprisoners are prohibited from having portable stoves or heaters in theircells. The corridors and cells are extremely cold, and this becomes moreintense with the continuing currents of cold wind that penetrate throughthe skylights or windows located on the upper part of the walls that runfrom the corridor to the yards of the pavilions, which do not have glassand over which they are not allowed to place any kind of protection fromthe excessive cold. Some cells also have leaks of water in the wallsand floors that makes them humid, as they lack ventilation.

39. Thecells have no electricity. The little bit of artificial light is tenuousand is in the corridors, according to the administration and theprisoners, and is only turned on at nightfall; soon thereafter it isturned off. The prisoners have no opportunity whatsoever to read orstudy once they are locked in the cells.

40. Eachcell has a latrine attached to the floor, and a small raised deposit ofwater at room temperature for drainage and personal hygiene, without anymechanism to dispense it, such as a tap or shower.

41. TheCommission was able to verify that the low temperatures are so severethat inside one of the pavilions there were three blocks of ice ofconsiderable size, still solid, which according to the prisoners hadbeen drawn from the internal drainpipes of the building two weeksearlier.

42.Based on the foregoing, the Commission is of the view that the PeruvianState does not comply with the obligation to provide the prisoners atthe Challapalca Prison with facilities adequate for serving the sentenceimposed, considering its geographic location.

4.Conditions of personal hygiene

43. TheStandard Minimum Rules for the Treatment of Prisoners provide:

15. Prisonersshall be required to keep their persons clean, and to this end theyshall be provided with water and with such toilet articles as arenecessary for health and cleanliness.

16. In orderthat prisoners may maintain a good appearance compatible with theirself_respect, facilities shall be provided for the proper care of thehair and beard, and men shall be enabled to shave regularly.

44. Mostof the prisoners interviewed indicated that personal hygiene cannot bepracticed every day because the water is so cold; they only bathe twiceweekly. In addition, they indicated that they do not receive thearticles they need to wash their clothes, the cells, toilets, and otherplaces in the pavilions. It was further established that the water forpersonal hygiene is drawn from the Maure river, which passes near theprison, and used directly, without any treatment.

45. TheCommission considers that the Challapalca Prison has not made adequateprovision for the basic hygienic conditions needed to protect the healthand hygiene of the persons held there.

5.Clothing andbedding

46. TheStandard Minimum Rules for the Treatment of Prisoners provide:

17.(1) Every prisonerwho is not allowed to wear his own clothing shall be provided with anoutfit of clothing suitable for the climate and adequate to keep him ingood health. Such clothing shall in no manner be degrading orhumiliating. (2) All clothing shall be clean and kept in propercondition. Underclothing shall be changed and washed as often asnecessary for the maintenance of hygiene. (3) In exceptionalcircumstances, whenever a prisoner is removed outside the institutionfor an authorized purpose, he shall be allowed to wear his own clothingor other inconspicuous clothing.

18. If prisonersare allowed to wear their own clothing, arrangements shall be made ontheir admission to the institution to ensure that it shall be clean andfit for use.

19. Everyprisoner shall, in accordance with local or national standards, beprovided with a separate bed, and with separate and sufficient beddingwhich shall be clean when issued, kept in good order and changed oftenenough to ensure its cleanliness.

47. Theprisoners wear their own clothes. The administration reported that theysupplied seven blankets to each prisoner upon their arrival at theprison. The detainees, however, indicated that they had only receivedtwo blankets from the administration, which were taken back two weekslater, and that they had not been provided with overcoats sent for themby the International Committee of the Red Cross. The Commissionobserved that the light mattresses are mostly deteriorated due to thehumidity.

48. TheCommission observes that the prison administration does not guaranteethe delivery of clothes and blankets, as provided by the StandardMinimum Rules.

6.Food

49. TheStandard Minimum Rules for the Treatment of Prisoners provide:

20.(1) Every prisonershall be provided by the administration at the usual hours with food ofnutritional value adequate for health and strength, of wholesome qualityand well prepared and served. (2) Drinking water shall be available toevery prisoner whenever he needs it.

50. TheCode of Criminal Enforcement of Peru provides:

Article 17. ThePrison Administration provides the inmate the food prepared that meetsthe dietary and hygienic standards established by the health authority.

51. Theprison administration reported that the prisoners were given food threetimes a day, with a balanced and varied diet in keeping with thepossibilities and budget of 2.50 soles (approximately US$ 0.60) dailyper inmate. In other reports of the Office of the Ombudsman, and incomments by some inmates, it was indicated that the daily amountallocated per prisoner was 3.50 soles (approximately US$ 1.00).<![if !supportFootnotes]>[17]<![endif]>

52. Theprisoners stated that the food was of fair quality, without muchvariety; that there was no possibility of them improving it by havingtheir own kitchens, or of getting a special diet for those in need of itfor health reasons.

53. Theyalso indicated that the water for human consumption was not potable, asa result of which they had repeated gastric problems. The Commissionwas able to verify the insufficient treatment of the water, as it isdrawn from a well a considerable distance from the prison, taken in atin tank, then has chlorine pills placed in it, and one liter daily isdistributed to the prisoners in pots, plastic containers, or bottles.

54. TheCommission observes that the administration of the National PenitentiaryInstitute does not provide adequate, hygienic, and sufficient food forthe persons held there.

7. Exercise and sport

55. TheStandard Minimum Rules for the Treatment of Prisoners provide:

21. (1) Every prisonerwho is not employed in outdoor work shall have at least one hour ofsuitable exercise in the open air daily if the weather permits. (2)Young prisoners, and others of suitable age and physique, shall receivephysical and recreational training during the period of exercise. Tothis end space, installations and equipment should be provided.

56. Theprisoners have no possibility of doing physical exercise, or practicingany sport, or having any kind of open-air recreation. They can onlytake sun or walk in the internal yard of each pavilion.

57. TheCommission determines that the Challapalca Prison does not have thefacilities for performing physical activities and sports for thewell-being and re-socialization of the persons held there.

8. Medical services

58. TheStandard Minimum Rules for the Treatment of Prisoners provide:

22. (1) At everyinstitution there shall be available the services of at least onequalified medical officer who should have some knowledge of psychiatry.The medical services should be organized in close relationship to thegeneral health administration of the community or nation. They shallinclude a psychiatric service for the diagnosis and, in proper cases,the treatment of states of mental abnormality. (2) Sick prisoners whorequire specialist treatment shall be transferred to specializedinstitutions or to civil hospitals. Where hospital facilities areprovided in an institution, their equipment, furnishings andpharmaceutical supplies shall be proper for the medical care andtreatment of sick prisoners, and there shall be a staff of suitabletrained officers. (3) The services of a qualified dental officer shallbe available to every prisoner.

59. TheCode of Criminal Enforcement of Peru states:

Article 76. Theprisoner has the right to attain, maintain, or recover his or herphysical and mental health. The Prison Administration shall provide asnecessary for the promotion, prevention, and recovery of health.

60. Theprison has one physician and one nurse, who are stationed there forperiods of up to three months, whereupon they are transferred, andanother physician is assigned who attends to the prisoners who seek hisassistance. The medical office has the files of the exams performed onthe prisoners when they enter the prison. There is a pharmacy with thebasic drugs, an operating room with a chair which, according to theprison physician, has never been used, because it lacks asepticconditions; and an X-ray lab with its respective equipment, but withoutthe supplies needed to use it.

61. Oneof the prisoners’ complaints in this respect is that the medical servicedoes not have the appropriate medicines for diseases that require sometreatment and special medication. They also noted that the affectionsmost commonly encountered are gastric infections, herpes, headaches,respiratory problems, ophthalmological problems, the vast majority ofwhich are caused by the altitude, and are not properly addressed, sincein some cases they require a diagnosis, adequate medicines, or morespecialized care.

62.Oxygen in the body diminishes as altitude increases, bringing on acutemountain sickness commonly known as soroche, which may be mild tosevere. In addition to acute mountain sickness is chronic soroche,or enfermedad de monge, which has the following symptomaticpicture:

This disease ischaracterized by the presence of neuropsychic symptoms such as the lackof mental concentration, difficulty sleeping well, headaches, buzzing inthe ears, fatigue, changes in the character and memory, and certaindifficulties in movement. In addition, there may be problems at otherlevels, such as in the locomotor, circulatory, digestive, and endocrinesystems, which, when compromised, may substantially reduce physical andmental performance. High red blood cell counts is always a clear sign ofthe affection.<![if !supportFootnotes]>[18]<![endif]>

63. Asindicated, most of the prisoners the Commission interviewed told of suchafflictions, and of the lack of medicines for treating them in thepharmacy.

64.Persons who are taken from sea level to altitudes greater than 4,500meters should periodically be given altitude tolerance tests (Richalettest) and persons suffering obesity, bronchial asthma, chronicbronchitis, and similar health problems should not be taken there.Physical exercise is recommended to maintain good tissular oxygenationat the new altitude.<![if !supportFootnotes]>[19]<![endif]>Nonetheless, the Commission saw that the prisoners are not afforded theopportunity to engage in such activities.

65.Similarly, the Commission has found through the situation of oneprisoner who sought and received precautionary measures on his behalf asof April 2002,<![if !supportFootnotes]>[20]<![endif]>that this prison is not equipped to handle patients with any degree ofcomplexity in their disease, who must be given hospital care at theJuliaca Hospital.

66. TheCommission has also learned that it takes more than five hours in amid-sized cargo truck to get to the nearest hospital, located in thetown of Juliaca, this being the prison’s only vehicle. This has led tosituations of such scale such as those that led to the prompt care forprisoner Manuel Ipanaqué Tovar, who died October 13, 1999, at theHospital Regional de Juliaca, after having suffered lesions apparentlydue to an accident with steel weaving needles (or reeds), affecting hisneck and chest at about 2 p.m. that day, and not having received medicalcare until 9 p.m., when he entered that hospital.<![if !supportFootnotes]>[21]<![endif]>

67. TheCommission considers that due to the location of the Challapalca Prison,the health conditions and medical care for the prisoners, for the familymembers who visit them, and for the INPE staff assigned to the prisonall endanger the physical integrity and health of these persons.

9.Disciplineand sanctions

68. TheStandard Minimum Rules for the Treatment of Prisoners provide:

27. Discipline andorder shall be maintained with firmness, but with no more restrictionthan is necessary for safe custody and well-ordered community life.

28. (1) No prisoner shall be employed, inthe service of the institution, in any disciplinary capacity. (2) Thisrule shall not, however, impede the proper functioning of systems basedon self-government, under which specified social, educational or sportsactivities or responsibilities are entrusted, under supervision, toprisoners who are formed into groups for the purposes of treatment.

29. The followingshall always be determined by the law or by the regulation of thecompetent administrative authority: (a) Conduct constituting adisciplinary offence; (b) The types and duration of punishment which maybe inflicted; (c) The authority competent to impose such punishment.

30. (1) No prisonershall be punished except in accordance with the terms of such law orregulation, and never twice for the same offence. (2) No prisoner shallbe punished unless he has been informed of the offence alleged againsthim and given a proper opportunity of presenting his defence. Thecompetent authority shall conduct a thorough examination of the case.(3) Where necessary and practicable the prisoner shall be allowed tomake his defence through an interpreter.

69. TheCode of Criminal Enforcement of Peru indicates:

Article 27. Only thefollowing disciplinary sanctions may be imposed:

1.Admonishment.

2. No outings or commonrecreational activities, as appropriate, for up to 30 days.

3. Limitation oncommunications with the outside world for up to 30 days.

4. No permission toleave for up to 60 days.

5. Solitary confinementfor up to 30 days, except as provided in Article 33.

Article 34. Theprisoner is informed of the breach of which he is accused, and isafforded the opportunity to set forth his defense.

70. Theprisoners stated that the sanctions involving 30 days solitaryconfinement, meted out by the prison administration, were for arbitrarydecisions by the guards and the administration, without any procedurewhatsoever, without any charges drawn up, and without the prisoner beingafforded any opportunity to defend himself. They indicated that theirspecific pleas or petitions were not answered, and voicing themrepeatedly could be grounds for punishment. They also indicated thatthe sanction of solitary confinement was applied regularly, without anygraduation of sanctions, and for periods longer than allowed by therules.

71. The lack ofapplication of the regular proceedings to those inmates who do notfollow the disciplinary rules represents by itself a breach to thejudicial guarantees enshrined in Article 8 of the Convention. Thesejudicial guarantees are applicable to all types of proceedings and theinobservance of these guarantees amounts to a violation of the dueprocess.<![if !supportFootnotes]>[22]<![endif]>

72. TheStandard Minimum Rules for the Treatment of Prisoners provide:

31. Corporalpunishment, punishment by placing in a dark cell, and all cruel, inhumanor degrading punishments shall be completely prohibited as punishmentsfor disciplinary offences.

32.(1) Punishment byclose confinement or reduction of diet shall never be inflicted unlessthe medical officer has examined the prisoner and certified in writingthat he is fit to sustain it. (2) The same shall apply to any otherpunishment that may be prejudicial to the physical or mental health of aprisoner. In no case may such punishment be contrary to or depart fromthe principle stated in rule 31. (3) The medical officer shall visitdaily prisoners undergoing such punishments and shall advise thedirector if he considers the termination or alteration of the punishmentnecessary on grounds of physical or mental health.

73. Thesolitary confinement cells, also called “environments for reflection,”were visited; it was noted that they have no ventilation or the minimumhygienic conditions for those who are kept there. The administrationreported that solitary confinement was never imposed for more than 45days, yet the Commission saw that one prisoner had remained in solitaryconfinement from the date he was taken to the prison, in September 2001,to the date of the visit.<![if !supportFootnotes]>[23]<![endif]>

74. Theprison administration recognized in an investigation undertaken inresponse to a writ of habeas corpus, that in effect theseprisoners had been placed in solitary confinement out of securityconsiderations.<![if !supportFootnotes]>[24]<![endif]>

75. Asit was preparing this report, the Commission received news from therelatives of the persons detained at the Challapalca Prison that on thenight of October 23, 2002, the prison guards performed a search of theprisoners’ cells in which the needles they had for their craft work weretaken; the delegates of the prisoners in pavilions 1 and 2 were placedin solitary confinement for protesting this act. Later, on October 25,they reached an agreement with the directors of the INPE and the prisonto return their tools, return the delegates to the pavilions, followthrough on the transfers to other prisons of prisoners because they hadshown progress in rehabilitation, and provide medical care to theprisoners who were ill. The prisoners pledged not to recur to the useof force.<![if !supportFootnotes]>[25]<![endif]>

76. TheAmerican Convention on Human Rights provides:

Article 5. Right toHumane Treatment

1. Everyperson has the right to have his physical, mental, and moral integrityrespected.

2. No oneshall be subjected to torture or to cruel, inhuman, or degradingpunishment or treatment. All persons deprived of their liberty shall betreated with respect for the inherent dignity of the human person.

77. TheStandard Minimum Rules for the Treatment of Prisoners provide:

33. Instrumentsof restraint, such as handcuffs, chains, irons and strait-jacket, shallnever be applied as a punishment. Furthermore, chains or irons shall notbe used as restraints. Other instruments of restraint shall not be usedexcept in the following circumstances: (a) As a precaution againstescape during a transfer, provided that they shall be removed when theprisoner appears before a judicial or administrative authority; (b) Onmedical grounds by direction of the medical officer; (c) By order of thedirector, if other methods of control fail, in order to prevent aprisoner from injuring himself or others or from damaging property; insuch instances the director shall at once consult the medical officerand report to the higher administrative authority.

34. The patternsand manner of use of instruments of restraint shall be decided by thecentral prison administration. Such instruments must not be applied forany longer time than is strictly necessary.

78. Oneof the situations most widely denounced by the prisoners interviewed andby their family members is the physical and psychological abuse to whichthey are subjected by the guards.

79. Themost common forms are for the guards to come to the pavilions at nightto take away one of the prisoners, and apply methods of psychologicaltorture, such as threatening them with bodily harm, not letting themreturn to their cells until dawn, or abusing them verbally to make themfeel the uncertainty that during that period they might be subject toany mistreatment or persecution, including the threat of death in theguise of an apparent escape. Another common form of intimidation andharassment is to beat the metal gates by which the corridors areaccessed with clubs and sticks, late at night, to wake them and scarethem, for no reason. On some occasions, the prisoners said that theywere beaten with sticks or with hands, and that care was taken not toleave marks on their bodies.

80. Inaddition, it was reported that physical torture was used, such as “thebaptism,” which consists of beating the body with sticks and electricprods, which is inflicted on the prisoners who come from other prisons,after the guards force them to strip and bathe with cold water, in orderto make them feel absolute submission to the prison’s discipline. Thismethod was applied to the group of prisoners transferred on September21, 2001, from Yanamayo, supra 66 and 67, and a to group of fiveprisoners convicted of common crimes who were transferred from Arequipain April 2002. For the first of these incidents, the prisoners andtheir relatives filed a criminal action against the prison director,Alfonso Garay, who they accused of participating directly in the tortureof prisoners.<![if !supportFootnotes]>[26]<![endif]>

81.Those complaints on physical and psychological abuse are not new. Thestaff of the Office of the Ombudsman who visited the prison on October19, 1999, noted the use of physical punishment by the police in chargeof vigilance at that time; this was verified in the medical examinationsof the prisoners.<![if !supportFootnotes]>[27]<![endif]>

82. The Commissionobserves that the directors of the Challapalca Prison and the prisonguards mete out sanctions and punishments of the prisoners without anyprior disciplinary proceeding and without any incremental criteria; andthat some prisoners, according to the information received, have beenvictims of physical and psychological treatment and aggression thatviolates their right to humane treatment, protected by the AmericanConvention. These facts, due to their violence and systematic nature,represent acts of torture, which are forbidden by the AmericanConvention, supra 14. In addition, the IACHR remarks that, bysigning and ratifying the Inter American Convention to Prevent andPunish Torture, the Peruvian state expressly committed itself to preventand punish these acts.<![if !supportFootnotes]>[28]<![endif]>

10.Contact with theoutside world and visits

83. TheAmerican Convention on Human Rights provides:

Article 5. Right toHumane Treatment

3. Punishmentshall not be extended to any person other than the criminal....

6. Punishmentsconsisting of deprivation of liberty shall have as an essential aim thereform and social readaptation of the prisoners.

84. The StandardMinimum Rules for the Treatment of Prisoners provide:

37. Prisonersshall be allowed under necessary supervision to communicate with theirfamily and reputable friends at regular intervals, both bycorrespondence and by receiving visits.

39. Prisonersshall be kept informed regularly of the more important items of news bythe reading of newspapers, periodicals or special institutionalpublications, by hearing wireless transmissions, by lectures or by anysimilar means as authorized or controlled by the administration.

85. TheCode of Criminal Enforcement of Peru provides:

Article 37.The prisoner may communicate periodically, orally or in writing, and inhis own language, with his family members, friends, diplomaticrepresentatives, and organizations of institutions providing prisonassistance, except for incommunicado status declared by the judicialauthority, in the case of a defendant, in keeping with articles 140,141, and 142 of the Code of Criminal Procedure.

With respect toprivacy. The communications are done respecting the intimacy and privacyof the prisoner and his interlocutors.

Article 38.The Prison Administration encourages and intensifies communication andvisits insofar as they are beneficial for the prisoner and avoids thosecontacts with the outside world that are harmful to him.

Article 39.The visits take place in special places, schedules, frequency, andconditions as established by Regulation.

Article 40.The prisoner has the right to meet with and communicate in private withhis defense counsel, in an adequate environment. This right cannot besuspended or interfered with, under the responsibility of the Directorof the Prison Establishment.

11.Books

86. TheStandard Minimum Rules for the Treatment of Prisoners provide:

40. Every institutionshall have a library for the use of all categories of prisoners,adequately stocked with both recreational and instructional books, andprisoners shall be encouraged to make full use of it.

87. TheChallapalca Prison does not have any library or facility that theprisoners can use for gaining access to books, magazines, or newspapersfor their information or leisure provided by the prison administration.According to the prisoners’ relatives, the magazines or newspapers theytake to the prisoners to read are screened and in some cases seized whenthey cover issues or news related to the public order situation.

88. Asfor preserving the affective and family ties of the prisoners, thevisits by family and friends are very restricted de facto by theremote, isolated location of the prison, the lack of regular means oftransportation, and the rigors of the altitude,

89. Byinternal regulation, the visiting days are Saturday and Sunday. Most ofthe prisoners are from Lima and vicinity, and that is where theirfamilies live. To reach the prison by land, they must set aside twodays for travel, generally leaving Thursday night and arriving by 10:00a.m. on Saturday, when visiting time begins. The cost is approximately$300 to $500 soles (from US$ 80 to US$ 150). Due to those conditions,and the altitude, children and the elderly are unable to make the trip.The prisoners’ relatives take turns bringing food, which on occasionthey are not allowed to bring in.

90. TheCommission was informed by the prison administration that on averagethere are 10 to 12 visitors for all the prisoners each weekend. Therelatives of persons convicted of terrorism or treason noted that whenthey take turns for the weekly visits, only four or five people go, andthey meet up there with one or two persons visiting the prisonersconvicted of common crimes. The relatives and prisoners indicated thatwhen they were held in the Castro Castro Prison in Lima, they werevisited weekly.

91. Interms of visits by attorneys, persons convicted of the crimes ofterrorism or treason do not regularly receive these visits since theyare excepted from prison benefits. The persons detained for commoncrimes said they had difficulties meeting with their attorneys due tothe distance and geographical conditions. This situation has worsened,for since the entry into force of the Code of Criminal Enforcement,decree-law 654 of June 30, 1991, the jueces de ejecución de penas(judges for the enforcement of penalties) were eliminated, and review ofconvictions was transferred to the National Penitentiary Institute (INPE),which is charged with evaluating compliance with the requirements forgranting benefits, even though it is also the authority in charge of theprison.

92. Dueto the prison’s geographic location, there is practically no access tothe communications media. Radio and television signals are not pickedup. No magazines or newspapers come in. There are rooms in thepavilions for libraries, but they are empty. The total incommunicationwith the outside world is redeemed only by the visits of some familymembers who bring them news about what is going on outside. Theprisoners transferred in September 2001 from the Yanamayo Prisondenounced that the prison had some television sets that had been givento them by a priest, but that they were stolen, along with theirbelongings, when they were transferred to Challapalca.

12.Religion

93. TheStandard Minimum Rules for the Treatment of Prisoners provide:

41.(1) If theinstitution contains a sufficient number of prisoners of the samereligion, a qualified representative of that religion shall be appointedor approved. If the number of prisoners justifies it and conditionspermit, the arrangement should be on a full-time basis. (2) A qualifiedrepresentative appointed or approved under paragraph (1) shall beallowed to hold regular services and to pay pastoral visits in privateto prisoners of his religion at proper times. (3) Access to a qualifiedrepresentative of any religion shall not be refused to any prisoner. Onthe other hand, if any prisoner should object to a visit of anyreligious representative, his attitude shall be fully respected.

94. Inthe course of the year, from January to August, only twice had theprisoners at Challapalca received a visit from a Catholic priest.

13.Retention of prisoners’property

95. TheStandard Minimum Rules for the Treatment of Prisoners provide:

43.(1) All money,valuables, clothing and other effects belonging to a prisoner whichunder the regulations of the institution he is not allowed to retainshall on his admission to the institution be placed in safe custody. Aninventory thereof shall be signed by the prisoner. Steps shall be takento keep them in good condition. (2) On the release of the prisoner allsuch articles and money shall be returned to him except in so far as hehas been authorized to spend money or send any such property out of theinstitution, or it has been found necessary on hygienic grounds todestroy any article of clothing. The prisoner shall sign a receipt forthe articles and money returned to him. (3) Any money or effectsreceived for a prisoner from outside shall be treated in the same way.(4) If a prisoner brings in any drugs or medicine, the medical officershall decide what use shall be made of them.

96. Theprisoners, especially those transferred from the Yanamayo Prison inSeptember 2001, reported that their personal effects and clothing weretaken and stolen, and that to this day no investigation has beenundertaken to determine their whereabouts or the responsibility forthose acts.

14.Psychosocial Care

97. TheStandard Minimum Rules for the Treatment of Prisoners provide:

49.(1) So far aspossible, the personnel shall include a sufficient number of specialistssuch as psychiatrists, psychologists, social workers, teachers and tradeinstructors. (2) The services of social workers, teachers and tradeinstructors shall be secured on a permanent basis, without therebyexcluding part-time or voluntary workers.

98. Thevisits by administrative support staff such as social workers,psychologists, and attorneys are very sporadic and for one or two daysat a time. In 2002, only twice were such professionals present, oncethree days prior to the Commission’s visit.

15.Treatment

99. TheStandard Minimum Rules for the Treatment of Prisoners provide:

65. Thetreatment of persons sentenced to imprisonment or a similar measureshall have as its purpose, so far as the length of the sentence permits,to establish in them the will to lead law-abiding and self-supportinglives after their release and to fit them to do so. The treatment shallbe such as will encourage their self-respect and develop their sense ofresponsibility.

66.(1) To theseends, all appropriate means shall be used, including religious care inthe countries where this is possible, education, vocational guidance andtraining, social casework, employment counselling, physical developmentand strengthening of moral character, in accordance with the individualneeds of each prisoner, taking account of his social and criminalhistory, his physical and mental capacities and aptitudes, his personaltemperament, the length of his sentence and his prospects after release.(2) For every prisoner with a sentence of suitable length, the directorshall receive, as soon as possible after his admission, full reports onall the matters referred to in the foregoing paragraph. Such reportsshall always include a report by a medical officer, wherever possiblequalified in psychiatry, on the physical and mental condition of theprisoner. (3) The reports and other relevant documents shall be placedin an individual file. This file shall be kept up to date and classifiedin such a way that it can be consulted by the responsible personnelwhenever the need arises.

100. Thereare no literacy or education programs at the basic levels for thepersons detained at the Challapalca Prison, from the prisonadministration or social, religious, or other types of organizations, toaddress this important aspect in the re-socialization of prisoners.

101. The Commissionconsiders that in view of the place where the Challapalca Prison islocated, the situation of geographic isolation, the altitude, and theresultant living conditions, an additional affliction is created forthose serving sentences, which extends to their family members and thestaff of the INPE. Furthermore, such circumstances endanger thepersonal integrity and health of those who stay there or visit, andundercut the real possibilities of achieving the purposes of thepenalty, especially re-socialization and reincorporation of convicts tosociety. Therefore this situation encloses cruel, inhumane anddegrading circumstances, which were designed for this prison to stand,within the penitentiary system, as a symbol of punishment to thoseconsidered as a problem in other prisons throughout the country.

16. Work

102. TheStandard Minimum Rules for the Treatment of Prisoners provide:

71.(1) Prison labourmust not be of an afflictive nature. (2) All prisoners under sentenceshall be required to work, subject to their physical and mental fitnessas determined by the medical officer. (3) Sufficient work of a usefulnature shall be provided to keep prisoners actively employed for anormal working day. (4) So far as possible the work provided shall besuch as will maintain or increase the prisoners’ ability to earn anhonest living after release. (5) Vocational training in useful tradesshall be provided for prisoners able to profit thereby and especiallyfor young prisoners. (6) Within the limits compatible with propervocational selection and with the requirements of institutionaladministration and discipline, the prisoners shall be able to choose thetype of work they wish to perform.

103. TheConstitution of Peru provides:

Article 139. Theprinciples and rights of the judicial function are as follows:

22. Theprinciple that the prison regime’s purpose is to reeducate,rehabilitate, and reincorporate the prisoners to society.

104. Asregards this basic principle in the Standard Minimum Rules for theTreatment of Prisoners, the Commission established that there is nofacility or possibility for the persons held at Challapalca to engage inany remunerated activity.

105. Thepavilions have rooms that appear to be designated for workshops, yetthey have no furniture, machinery, tools, or raw materials to this end.

106. Someprisoners, no more than 10 of those visited in the whole prison, areengaged, on their own, in craft work weaving jute, using materialsbrought by their family members. The other prisoners must remain in aconstant state of idleness, which makes the isolation to which they aresubject more serious and prejudicial to them. On some occasions, as inthe search that occurred on October 23, 2002, the prisoners had theneedles and other tools that they use in their craft work taken fromthem, so they were unable to continue their activities. Supra 74.

107.TheCommission is of the view that the administration of the NationalPenitentiary Institute and of the Challapalca Prison do not give thepersons held there resources or programs for working or for engaging inany productive activity for themselves or their families. Similarly,they restrict the few initiatives involving lawful economic activitiesby the prisoners, making the penalty imposed all the more rigorous.

108.During the 117 regularsessions of the IACHR, in the context of the hearing on the GeneralSituation of Human Rights in Peru, the State presented information aboutthe situation of this prison, indicating that currently forty people arebeing held there, and specially about what the Constitutional Tribunalresolved on its sentence of November 19th, 2002, during the reviewingproceedings of the Habeas Corpus sentence, presented by the relatives ofsome of the prisoners, in which they alleged the isolation,incommunication and the humiliating, degradating and inhumane conditionsunder which the 34 inmates that had been brought from the Miguel CastroCastro prison, in Lima, are. In its decision, the ConstitutionalTribunal ordered the National Penitentiary Institute ("InstitutoNacional Penitenciario") to transfer the inmates whose healthsituation was clinically proved not to allow them to continue in thispenitentiary facility. Also, it ordained that medical attention was tobe given to the rest of the prison's population, and that transportationwas to be provided to their families to visit them, at least, everyfifteen days.

109.Likewise, the IACHRreceived the Informe Defensorial Nº 073 of March 2003, drafted bythe Defensoría del Pueblo, "Informe sobre el EstablecimientoPenitenciario de Régimen Cerrado Especial de Challapalca", which waswritten as part of the fulfillment of its constitutional functions, inwhich several aspects of the penitentiary and the present imprisonmentconditions were discussed, recommending the suspension of newincarcerations, the progressive transfer of the forty inmates to otherhigh security prisons in the country, and its final closure to bearranged, "because the conditions of its location, functioning andregime violate the right to life, to humane treatment, to health, andthe right to have proper facilities, the principles of re-socializationand re-integration of the prisoner to society, the right of visit andthe constitutional-democratic principle of control".

110.On March6^th, 2003, the Commission, during its 117^thregular sessions, approved the draft of the “Special Report on theSituation of Human Rights in the Prison of Challapalca in Peru”. Inaccordance to the provision of Article 58(a) of the Rules of Procedureof the Commission, it sent this document to the Government of Peru onMarch 13^th, 2003, requesting the State to presentobservations it deemed pertinent in 15 days. By the communication Nº7-5-M/091 of April 1^st, 2003, the State requested additionaltime to present its observations. On April 3^rd, 2003, theCommission granted the State an additional 15 days to present itsresponse.

111.By acommunication of April 21^st, 2003, the state submitted itsobservations to the Draft Report, reiterating part of the informationwhich had been presented during the drafting of this report. It alsobriefly mentioned that, in compliance with the sentence of theConstitutional Tribunal of November 19^th, 2002, a forensicdoctor, accompanied by the Prosecutor of Tarata, went to the Challapalcaprison on 21 February, 2003, in order to verify the conditions of themedical storage and to examine the inmates in order to establish whoshould be transferred to other prisons due to health reasons. Thephysician concluded that the prison had an adequate storage of essentialmedicines, chirurgical instruments and materials; and that none of theinmates should be moved to other detention center for health reasons.The report further mentioned that the resolution
Nº 148-2003-INPE/P of February 27, 2003 determined the allocation offunds to facilitate the transportation of relatives of the detainees tothe prison every 15 days.

112.Bycommunication of August 29, 2003, the Peruvian state reiterated that, inaccordance to the information of the National Penitentiary Institute andthe sentence of the Constitutional Tribunal, the special closed-regimeprisons of Challapalca and Yanamayo fulfilled the conditions to hostinmates from any geographic part of the country. Regarding theinterdiction of the prison, the State affirmed that it has beendeveloping an evaluation of the costs and benefits, taking intoconsideration the detainees population, “which does not mean by anymeans that the prison will not be closed before the end of the year, incompliance with the instructions given by the President of theRepublic.”

113.TheCommission has previously considered that:

In other words, theState, by depriving a person of his liberty, places itself in the uniqueposition of guarantor of his right to life and to humane treatment. Whenit detains an individual, the State introduces that individual into a"total institution"--such as a prison--where the various aspects of hislife are subject to an established regimen; where the prisoner isremoved from his natural and social milieu; where the establishedregimen is one of absolute control, a loss of privacy, limitation ofliving space and, above all, a radical decline in the individual's meansof defending himself. All this means that the act of imprisonmentcarries with it a specific and material commitment to protect theprisoner's human dignity so long as that individual is in the custody ofthe State, which includes protecting him from possible circumstancesthat could imperil his life, health and personal integrity, among otherrights.

The obligation thatfollows from being the guarantor of these rights means that agents ofthe State must not only refrain from engaging in acts that could harmthe life and physical integrity of the prisoner, but must also endeavor,by all means at their disposal, to ensure that the prisoner ismaintained in such a way that he continues to enjoy his fundamentalrights, especially his right to life and to humane treatment. Thus, theState has a specific obligation to protect prisoners from attacks bythird parties, including other inmates.<![if !supportFootnotes]>[29]<![endif]>

114.Incompliance with the sentence of the Constitutional Tribunal on the writto have the decision nullified (recurso de nulidad) in theproceeding of a habeas corpus brought by some of the detainees of thisprison, the Peruvian state has adopted measures which do not represent acomplete solution to the grave circumstances that the inmates have beensuffering, which are described in this report. Nevertheless, theCommission considers that the conditions in the Challapalca prisondisregard the state obligations and its role as a guarantor of therights of the detainees, endangering their lives, personal integrity andhuman dignity as a result of the drastic structural and geophysicalconditions of the prison. This situation cannot be overcome with thedecision of the Constitutional Tribunal that only seeks to tackle theeffects in a partial manner and still maintain a situation that violatesthe human rights of the inmates. Several problems remain, such as: thedistance, the highness, the drastic weather, the harms to the health,the lack of specialized medical assistance, of educative and religiousservices, as well as the difficulties of access for relatives andlawyers. In order to definitely overcome these conditions, this prisonshould be closed due to its disregard for the minimum internationalstandards regarding the treatment of detainees and the protection ofthose submitted to detention or prison.

IV.CONCLUSIONS ANDRECOMMENDATIONS

115.The Commission hasverified on site that the Peruvian State has not carried out the IACHR’srecommendation set forth in the Second Report on the Situation of HumanRights in Peru, issued in the year 2000, to deem the Challapalca Prisonunfit for use as a prison, because of the violations of human rights ofthe persons held there. In addition, the IACHR notes that this situationremains in spite of the denouncements of the inmates, their relativesand the control institutions, such as the Office of the Ombudsman (Defensoríadel Pueblo).

116.The Commission hasdetermined that since the 1998 visit by the IACHR the State, to thecontrary, has gradually increased the number of persons held there,notwithstanding the difficult conditions of isolation due to thedistance, altitude, and climate to which the persons held there aresubjected. In addition, some of the detainees have been subject tophysical and psychological abuse, which are prohibited by the AmericanConvention, the Constitution, and Peruvian legislation, which should beinvestigated and sanctioned by the Peruvian authorities.

117.The conditions ofdetention of the persons held there, arising from the geographicsituation of the Challapalca Prison, amount to an additional punishmentfor them, their family members, and the staff of the Prison Institutestationed there, endangering the right to life, the right to humanetreatment, and the right to be deprived of liberty in dignified and safeconditions, rights set forth in the American Convention and theinternational instruments which, to this end, the Peruvian State hasundertaken to implement and respect.

118.Such conditions alsoaffect the family members of the prisoners held at Challapalca Prison,who not only have a difficult time visiting, but whose health isjeopardized when they visit. These circumstances stand in the way ofcarrying out the principles of re-socialization and comprehensivetreatment for persons subject to detention, in keeping with theinternational standards adopted by the Organization of American States,the United Nations, and Peru’s domestic legislation.

119.In view of theforegoing and having the final version of this report been approved onOctober 9 of 2002, the Commission urgesthe Peruvian State to comply with the recommendation made in 2000 by theIACHR, to immediately deem the Challapalca Prison unfit to serve as aprison, for good, and to transfer the prisoners held there to prisonsnear their families, within 60 days of the time it receives this report.

120.Meanwhile, theCommission requests the Peruvian State to duly protect the rights tolife, humane treatment, and re-socialization of the persons who continueto be held there, until this prison is shut down for good, and to reportto the Commission on their status.

121.Similarly, itrecommends that a serious and objective investigation be undertaken toverify the different complaints presented by the prisoners and theirfamily members on alleged physical and psychological torture to whichthey say they have been subjected by the prison guards, with theacquiescence of the prison administration.