E.1) Measure ordered by the Court
49.
In the Judgment the Court found that “[t]he violations attributable to the State in the
present case were perpetrated by police, and army personnel, as well as special security
forces, in violation of imperative norms of International Law.” 55 It also found that “in order
to adequately guarantee the right to life and integrity, the members of the security forces
must receive adequate training.” Therefore, it decided in operative paragraph five and
paragraphs 451, 452 and 460 of the Judgment that the State “must design and implement,
within a reasonable period of time, human rights education programs, addressed to agents
of the Peruvian police force, on the international standards regarding treatment of inmates.”
E.2) Information and observations of the parties and the Inter-American Commission
50.
The State made reference in its report of January 23, 2013 to the training of staff of
the “National Penitentiary Institute (INPE for its acronym in Spanish), the governing body of
the National Prison System.” In this regard it said it has “selected and trained” "new prison
providers" by way of "three modules with courses for prison security specialists on matters
relating to the orders of the Court, such as: [...] 1. Human Rights 2. Legal framework
(laws), 3. Use of weapons, 4. Ethics 5. Leadership, 5. First Aid, and 7. Anger Management.”
Also, in this report, it noted that the Office of Legal Counsel of the National Penitentiary
Institute (INPE) reported on the 'Human Rights Manual on Prison Roles” which “was
approved on July 18, 2008” and “makes the following points: the theoretical and normative
framework of Human Rights in the National Penitentiary System [;] the inmate in the
context of Human Rights[;] Prison staff in the context of Human Rights[;] Ethical conduct in
the Prison System[;] Prison Security [and] Use of force in the Prison System.” With respect
to the Ministry of the Interior, that document states that the National Human Rights
Commission of said Ministry reported on Ministerial Resolution No. 1452-2006-IN of May 31,
2006, according to which “the Office of Police Education and Doctrine includes the subject of
Human Rights and International Humanitarian Law in its curriculum or study plan at the
police education systems.” Moreover, it also indicated that the abovementioned subjects are
mandatory and were taught to the staff of the National Intelligence Office and that the
Division of General Staff of the Joint Command of the Armed Forces since 2003 “created the
Center for International Humanitarian Law and Humans Rights within the Ministry of
Defense.” Regarding education programs for police forces, the State referred to “the
curriculum of the institutions of the educational system of the National Police,” among which
it included that “[i]n the Institute of Graduate Police Studies [...] the course on Human
Rights and the Environment was rendered”; that “[i]n the Police School three programs are
carried out, [in which] [t]he “Workshop on Human Rights and Police Roles” was carried out
with a total of 30 teaching hours,” “[t]he Human Rights and policing” seminar with “a total
of 30 teaching hours” and “the Workshop on Human Rights and Ethical Conduct” with a
total of 35 teaching hours.” It also said that “[i]n the Training and Police Specialization
School [a]ll the courses approved in its Annual Plan make the subject of Human Rights a
mandatory requirement” and that at the “Schools for PNP Officials” and “Technical Schools”
the subject of Human Rights is rendered “within various academic semesters. It also said
that “[t]he National Human Rights Commission of the Ministry of the Interior [...] has been
developing since 2001, a training for police instructors in human rights within the police
force with the collaboration of national and international human rights agencies.” It also
indicated that it has signed a cooperation agreement with the International Red Cross, which
helps them with the review of “the adaption of the institutional doctrine, regulations,
manuals, directives, etc. with international standards on use of force and the protection and
55
Case of Miguel Castro Castro Prison. Merits, Reparations, and Costs, supra note 2, para. 451.
22