UN Experts Alarmed by Prison Overcrowding, Youth Detention Law in Peru

The SPT criticized the continued reliance on preventive (pretrial) detention, which disproportionately contributes to the high prison population.

Following a comprehensive week-long visit to Peru, the United Nations Subcommittee on the Prevention of Torture (SPT) has voiced deep concerns about the country’s criminal justice and detention systems. The visit, held from 15 to 21 June, marked the SPT’s first return to Peru since its 2013 mission, offering a stark update on the state of detention conditions in the South American nation.

Despite commendable cooperation from authorities, the delegation identified systemic issues including severe prison overcrowding, the excessive use of pretrial detention, and a controversial new law treating 16- and 17-year-olds as adults in the penal system. These developments, according to the experts, reflect a punitive rather than rehabilitative approach to justice.

“Unfortunately, we observed a punitive focus, which includes lengthy sentences and the extensive use of preventive detention, despite the grave overcrowding in Peru’s penitentiary system,” said Marie Brasholt, head of the delegation.

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Grave Overcrowding and Preventive Detention Practices

Overcrowding remains one of the most critical challenges facing Peru’s prison system. Current occupancy levels far exceed official capacity, posing not only humanitarian risks but also violations of international human rights norms, including those under the Optional Protocol to the Convention against Torture (OPCAT).

The SPT criticized the continued reliance on preventive (pretrial) detention, which disproportionately contributes to the high prison population. According to recent national data, nearly four out of ten inmates in Peru have not yet been convicted, raising serious concerns about due process and fair trial standards.

“Building more or mega prisons is not the solution for overcrowding, or to public security in general,” Brasholt stated, highlighting the need for justice system reforms, including alternatives to incarceration.

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Alarming Treatment of Juveniles Under New Law

One of the most troubling findings was a newly enacted Peruvian law that allows 16- and 17-year-old adolescents to be tried and sentenced as adults. The SPT warned that this legislative change reflects an increasingly punitive posture in Peru’s approach to criminal justice and contradicts international standards on child rights and juvenile justice.

“We express our special concern regarding the new law that incorporates adolescents ages 16 and 17 as punishable in the adult penal system,” said Brasholt. “This, again, demonstrates a punitive focus in the administration of justice.”

The UN Convention on the Rights of the Child clearly outlines that juvenile offenders should be treated in accordance with their age and with an emphasis on rehabilitation, not punishment. Experts fear this law could lead to psychological trauma, abuse, and recidivism among youth detainees.

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Monitoring and Dialogue with Authorities and Civil Society

During their stay, SPT delegates visited a broad range of facilities, including:

• Men’s and women’s prisons

• Juvenile detention centers

• Police stations

• Judicial holding cells

• A religious educational institution

The delegation also conducted private interviews with detainees and held consultations with prison personnel, civil society actors, and officials from Peru’s National Preventive Mechanism (NPM) — the independent national body mandated to monitor detention facilities under OPCAT.

“We are grateful for the collaboration provided by the authorities before and during the visit,” Brasholt noted, adding that the open access provided by Peru facilitated the SPT’s evaluation.

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Strengthening the National Preventive Mechanism (NPM)

While welcoming the establishment and activities of the NPM, which was legally instituted in 2015, the SPT emphasized the urgent need to strengthen its capacity. The mechanism currently lacks the resources and nationwide presence necessary to effectively monitor and prevent ill-treatment in all places of deprivation of liberty.

“It is essential that the NPM be strengthened to ensure that it has the necessary resources to effectively carry out its functions throughout the entire territory of Peru,” Brasholt emphasized.

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Next Steps and Confidential Recommendations

The SPT will submit a confidential report to the Peruvian government, containing detailed findings and recommendations. The subcommittee strongly encouraged the authorities to publicly release the report to enhance transparency and public accountability.

Additionally, a separate report will be shared with the NPM to support its operational effectiveness and strategic planning.

“Our reports provide practical guidance to all stakeholders in improving detention conditions and preventing torture. We hope Peru uses this opportunity to enact meaningful reform,” the delegation concluded.

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Peru’s Commitment Under International Law

Peru ratified the Optional Protocol to the Convention against Torture (OPCAT) in 2006, thereby committing to prevent torture and other cruel, inhuman, or degrading treatment through regular monitoring of detention facilities. The recent visit underscores the continuing importance of international oversight and cooperative engagement to uphold these obligations.

The SPT delegation included four members — Marie Brasholt (Denmark), Barbara Bernath (Switzerland), Luciano Mariz Maia (Brazil), and Maria Luisa Romero (Panama) — as well as two UN Secretariat officials and two UN security officers.