Practice Relating to Rule 99. Deprivation of Liberty
Section C. Prompt information on the reasons for deprivation of liberty
Peru’s IHL Manual (2004) states: “Any person arrested, detained or interned for acts relating to the armed conflict must be informed, without delay, of the reason for such a measure and released as soon as possible, unless they are charged with a criminal offence.”
Peru’s IHL and Human Rights Manual (2010) states:
Any person arrested, detained or interned for acts relating to the armed conflict must be informed, without delay, of the reason for such a measure and released as soon as possible, unless they are charged with a criminal offence.
The manual further states:
Each person has the right to liberty … ; he or she may not be subjected to arbitrary detention or imprisonment. Deprivation of liberty is only allowed for reasons established by law and in accordance with the established procedures. Consequently, every detainee must be informed, at the moment of their detention, of the reasons of the detention and must be notified of the formal accusation against them.
Peru’s Code of Military and Police Justice (2006) states:
Any accused shall benefit from the judicial guarantees necessary for his or her defence; the police, prosecutor and judges shall have the duty to inform the accused of the following rights immediately and in a way he or she understands:
1. [The right] to learn the reasons for his or her detention and who ordered it in writing by means of a copy of his or her arrest warrant;
2. [The right] … to choose a person, association or entity to be informed of his or her capture, and [the right] that this notification be carried out immediately. Should the accused exercise this right, a copy of the notification and the result obtained shall be kept.
Peru’s Military and Police Criminal Code (2010), which includes provisions on crimes under international humanitarian law, states in a chapter entitled “The accused”:
The police, the prosecutor and the judges must inform the accused immediately and comprehensively of the following rights in order to ensure that he or she benefits from the safeguards essential for his or her defence:
1. To know the reason or motive for his or her detention and the public official who ordered the detention, by handing over the judicial order made with respect to the person in question.
In 2003, in the Marcelino Tineo Silva and Others case
, Peru’s Constitutional Court found that the “constitutionally protected right of defence guarantees that every person in police or judicial detention shall be comprehensively informed of the reasons for such detention”.