promotion of human rights; [...] reviewing the curriculum of the course plans, and trains the
police personnel.”
In regard to the Public Prosecutor’s Office, the National Criminal
Prosecutor's Office and Supraprovincial Criminal Prosecutor’s Offices, it reported that as for
"the training provided to administrative and prosecutorial personnel for the protection of
human rights,” it carried out “academic events (seminars, training workshops, conferences
and others) on human 'rights.” With regard to the Ministry of Defense, the State indicated
that “at the Training Schools for Officials, Technicians, and Non Commissioned Army
Officers, the subject of Human Rights and International Humanitarian Law is taught to all
staff cadets and students in the general training course.”
51.
The common intervener Feria Tinta stated in the brief of March 13, 2013, that the
State has not designed or implemented any policy “that provides education [to] police, army
and special security forces personnel [...] concerning peremptory norms of international law
on 'applicable international standards regarding treatment of prisoners in situations of public
disorder in prisons.’” She therefore considered it necessary that “the State [...] take on with
the seriousness it merits, [t]he obligation to ensure that the police and others involved in
the treatment of persons in detention, receive [... ] training on the international standards
of human rights applicable to people in detention” as this is not merely about “general
courses on human rights, but rather [about] a program focused on the specific issue of the
treatment of detainees in prison under the standards established in the specific instruments
on persons deprived of liberty.”
52.
The common intervener Cassel made reference in the brief of March 13, 2013, to
"various flaws regarding compliance” with this measure of reparation. He noted that ''such
education programs have been limited to prison officers and not to all agents of the Peruvian
security forces that are directly or indirectly involved in the treatment of prisoners.” He also
claimed that “the program was not outlined regarding each of the subjects listed [by the
State] in [its] report [...], to which it is impossible to assess whether, in fact, they are in line
with the applicable international standards on the treatment of prisoners.” The common
intervener therefore considered that “it is not possible to determine if there has actually
been any real change regarding the treatment of prisoners.” In its brief of October 22, 2013,
it reiterated that the State has not complied with this measure of reparation.
53.
The Commission noted during the private hearing that “the State referred to the
training of civilians in charge of prisons on the subject of human rights and [...] on trainings
specifically of [the] police and military corps.” The Commission considers that the State’s
obligation remains pending to accurately report on training initiatives for specific situations
such as those indicated by the Court regarding disturbances of public order in prisons as
that is precisely the content of the specific measure of reparation.”
E.3) Considerations of the Court
54.
The measure ordered by the Court in this case (supra Considering clause 49) is
centered on training and education of the “Peruvian security forces on the applicable
international standards on treatment of prisoners.” That is, it is important that the trainings
develop on this specific topic and that the trainings address both prison staff and members
of the National Police, as well as army and special security forces to the extent that these
people have authority and jurisdiction to support the National Police in restoring internal
order. After analyzing the information provided by the State and taking into account the
observations of the parties and the Commission, the Court considers that Peru has taken
significant action with regard to training and education directed to officials of the
Penitentiary System, either through courses for "new prison staff” or through the issuance of
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