Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
Peru’s IHL and Human Rights Manual (2010) defines “torture” in its Glossary of Terms as: “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person”.
In 2003, in the Marcelino Tineo Silva and Others case, Peru’s Constitutional Court stated:
… in no circumstances can the degrading of a human being be justified because otherwise, the State, far from promoting the re-education, rehabilitation and reincorporation of the convicted person into society (Article 139(22) of the Constitution), would … deny his or her human condition.
The Court also stated that “sentencing a person to a sentence involving incommunicado detention for a year is an unreasonable and disproportionate measure, constituting cruel and inhuman treatment.”
In 2004, in its fourth periodic report to the Committee against Torture, Peru stated:
Act No. 26926 further strengthens the protection of this fundamental right by specifying the offence of torture in the following terms (article 321 of the Penal Code):
Any official or public servant, or any person acting with his consent or acquiescence, who inflicts upon another serious pain or suffering, whether physical or mental, or subjects that other person to conditions and methods which destroy his personality or impair his physical or mental capacity, even without causing physical pain or mental distress, for the purpose of obtaining a confession or information from the victim or from a third party, or of punishing the person for any act that he may have committed or is suspected of having committed, or of intimidating or coercing the person, shall incur a custodial penalty of not less than 5 and not more than 10 years.
In 2006, during the consideration of the fourth periodic report of Peru before the Committee against Torture, a representative of Peru stated that “the definition of torture in legislation passed in 1998 … [is] in strict conformity with that of the Convention against Torture”.