21 In the case of prison conditions, there were reservations about the rigid and vertical nature of the system and its harshness; also about the limited space accorded to the prisoners, the maximum restriction of their activities, the isolation from all social contact, even with their next of kin, during the first two stages of the regime, and the restriction of access to information in the mass media, all of which violated the punishment’s aim of social rehabilitation established in Article 139, paragraph 22, of the Constitution, and in Article 5(6) of the Convention. The same reservation is true with regard to the extended duration of the punishments, the prohibition to receive prison benefits (such as reduction of the sentence through work and education, partial liberty, probation, and conjugal visits), and the deficient prison services. Subjecting prisoners being processed to the regime established for those convicted violated the principle of presumption of innocence. Similarly, isolation in a cell, the aspects of maximum security, incommunicado, life imprisonment, and the limitation of the right to receive visits, violate the principle of the humane nature of the punishment. Since it began functioning, the Ombudsman’s office had recommended to the corresponding State instances that the anti-terrorist legislation should be reviewed in order to adapt it to the requirements of the Constitution and international treaties. Some partial modifications took place during Mr. Fujimori’s regime. Law No. 26,671 of October 12, 1996, revoked the figure of “faceless” prosecutors and judges as of October 15, 1997. Law No. 26,248 of October 25, 1993, revoked the prohibition for lawyers to take part in more than one proceeding simultaneously, at the national level. Law No. 26,447 of April 21, 1995, revoked restricting the lawyer’s intervention until after the police report. Law No. 26,248 of November 25, 1993, annulled the provision making it obligatory to decide prior questions, pre-judicial issues and objections in the principal case records and at the time of the sentence. Law No. 26,248 revoked Decree Law No. 25,728, which allowed a person to be convicted in absentia, and also the provision of Decree Law No. 25,659 that limited the possibility of filing a writ of habeas corpus. Law No. 27,079 of March 29, 1999, made it possible to change the detention order for that of conditional appearance in the case of the “arrepentidos” [repentant terrorism or treason convicts]. Decision 674-99-INPE of the National Penitentiary Institute, adopting Directive 001/99-INPE-OGT-OTE, which contained the “norms for the admission of books, journals and/or newspapers into the penitentiary establishments of the Republic,” granted the right of access to information of a scientific, cultural, artistic and humanistic nature, for rehabilitation purposes. These modifications resulted from the growing reservations of national and international human rights organizations. Also, the Government was obliged to introduce modifications, owing to evidence of problems of effectiveness; for

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