Norma relacionada
Peru
Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
Peru’s Human Rights Charter of the Security Forces (1991) lists the prohibition of torture as one of the ten basic rules. The manual also prohibits the ill-treatment of unresisting wounded persons. 
Peru, Derechos Humanos: Decálogo de las Fuerzas del Orden, Comando Conjunto de las Fuerzas Armadas, Ministerio de Defensa, Ejército Peruano, 1991, Rule 7 and pp. 7–9.
Peru’s IHL Manual (2004) states that “any form of torture (physical or mental) is prohibited”. 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 32.h.
The manual also states:
Medical personnel must refrain from any act that can be classed as a war crime against persons or property protected under international humanitarian law. These include:
(2) torture or inhuman treatment, …
(3) wilfully causing great suffering or serious injury to body or health. 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 83.f.(2) and (3).
The manual further states that war crimes include:
(2) torture or inhuman treatment;
(3) wilfully causing great suffering;
(4) serious injury to body or health. 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 31.a.(2)–(4).
In situations of non-international armed conflict, the manual states that “cruel treatment and torture” and “outrages upon personal dignity, in particular humiliating and degrading treatment” committed against persons taking no active part in hostilities, or placed hors de combat, are prohibited. 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 71.a.(1) and (3).
Peru’s IHL and Human Rights Manual (2010), in a section on the “Civilian Population”, states that “torture (both physical and mental) … is prohibited”. 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 33(h), p. 251.
With respect to prisoners of war, the manual states: “Physical or mental torture or any other form of coercion is prohibited.” 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 40(b), p. 255.
The manual further states that war crimes include:
(2) torture or inhuman treatment;
(3) wilfully causing great suffering;
(4) serious injury to body or health. 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 100(a)(2)–(4), p. 248.
In situations of non-international armed conflict, the manual states that “cruel treatment and torture” and “outrages upon personal dignity, in particular humiliating and degrading treatment” committed against persons taking no active part in hostilities, or placed hors de combat, is prohibited. 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 72(a)(1) and (3), p. 270.
The manual also states with regard to the provision of medical services: “medical personnel must refrain from subjecting protected persons to affronts and insults to their dignity, humiliating or degrading treatment and exposure to public curiosity.” 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 75(c), p. 274.
In a section on the relationship between IHL and human rights law, the manual states:
There are … principles common to the [1949] Geneva Conventions and human rights law which represent a minimum level of protection to which every human person is entitled … [including] [r]espect for life, physical and mental integrity … [and] each individual’s right to security of the person.
Regarding these fundamental guarantees there is no exception whatsoever and they are binding both in times of peace and in times of armed conflict. 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 26, pp. 41–42.
In a section on the human rights obligations of the security forces, the manual further states: “Do not torture kindred human beings.” 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 102(g), p. 136; see also pp. 145–146.
Peru’s Penal Code (1991), as amended in 1998, provides for the punishment of acts of torture. 
Peru, Penal Code, 1991, as amended in 1998, Article 321.
Peru’s Law on the Disciplinary Regime of the National Police (2004) states that “inflicting, instigating or tolerating acts of torture or inhuman or degrading acts” constitute “very grave offences”. 
Peru, Law on the Disciplinary Regime of the National Police, 2004, Article 3.3.20.
Peru’s Regulations to the Law on Internal Displacement (2005) states:
Internally displaced persons who return to their places of habitual residence or who have resettled in another part of the country have a right to:
f) Be protected against torture, cruel, inhuman or degrading treatment. 
Peru, Regulations to the Law on Internal Displacement, 2005, Article 6(f).
Peru’s Code of Military and Police Justice (2006) states:
Any member of the military or police who in the context of an international or non-international armed conflict:
3. Subjects a person protected by international humanitarian law to cruel or inhuman treatment thereby causing pain or physical or mental harm, in particular by torturing him or her, shall be imprisoned for a period of no less than six and no more than 12 years.
9. Subjects a person protected by international humanitarian law to seriously humiliating or degrading treatment shall be imprisoned for a period of no less than three and no more than eight years. 
Peru, Code of Military and Police Justice, 2006, Article 90(3) and (9).
This article is no longer in force. Along with certain other articles in this legislation, it was declared unconstitutional by the Constitutional Court (en banc decision for case file No. 0012-2006-PI-TC, 8 January 2007) because it does not stipulate a crime committed in the line of duty that would fall under the jurisdiction of a military court pursuant to Article 173 of Peru’s Constitution.
Peru’s Decree on the Use of Force by the Armed Forces (2010) states:
With respect to the persons mentioned above [i.e. persons not directly participating in hostilities or who have laid down their arms as well as persons placed hors de combat by illness, wounds, detention or any other reason], the following actions are prohibited anytime and anywhere:
a. … [C]ruel treatment [or] torture.
f. Threats to carry out any of the aforementioned acts. 
Peru, Decree on the Use of Force by the Armed Forces , 2010, Article 8.1.a and 8.1.f.
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. 
Peru, Constitutional Court, Marcelino Tineo Silva and Others case, Judgment, 3 January 2003, § 220.
In 2009, in the Fujimori case, the Special Criminal Chamber of Peru’s Supreme Court of Justice was called upon to decide whether the former Peruvian president was criminally responsible for acts committed in 1991 and 1992 in the context of anti-terror operations. [The accused] was found guilty of various offences under domestic criminal law, including the abduction of Gustavo Andrés Gorriti Ellenbogen and Samuel Dyer Ampudia after [the] coup d’état in 1992. The Court considered whether there were any circumstances aggravating these abductions, such as the cruel treatment of the abducted individuals. The Court held:
The cruel conduct of those who ordered and carried out the abduction and of the authorities who supported the abduction manifested itself in the following ways: (i) in the detention being carried out by State officials … ; (ii) in the way in which the victims were transferred to the SIE [Army Intelligence Service] – firing weapons, hiding the captors’ identity, preventing the detainees’ identification by other military personnel; and (iii) in the circumstances of the detention, namely the initial isolation of the detainees, the threatening of severe consequences which the victims would have to face for conduct they allegedly committed, and in the absence of a definition of their legal situation. 
Peru, Supreme Court of Justice, Fujimori case, 7 April 2009, § 694(4).
The court concluded that the victims “were subjected to cruel treatment”. 
Peru, Supreme Court of Justice, Fujimori case, 7 April 2009, § 694(5).
In 2006, during the consideration of the fourth periodic report of Peru by the Committee against Torture, a representative of Peru stated:
It … [is] hoped that implementation of the first Human Rights Plan 2006–2010 … [will] enable the State institutional framework to be recreated, with particular emphasis on eliminating the practice of torture and other cruel, inhuman or degrading treatment. The new constitutional Government, shortly to be elected … [will] take over the commitments entered into by the current Government, and thus continue and extend its achievements in combating torture. 
Peru, Statement by the delegation of Peru before the Committee against Torture during the consideration of the fourth periodic report of Peru, 9 May 2006, UN Doc. CAT/C/SR.697, § 6.
Another representative of Peru also stated that “under the Constitution all persons had the right to freedom and physical safety and could not be subjected to torture.” 
Peru, Statement by the delegation of Peru before the Committee against Torture during the consideration of the fourth periodic report of Peru, 9 May 2006, UN Doc. CAT/C/SR.697, § 12.
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”. 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, p. 416.
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. 
Peru, Constitutional Court, Marcelino Tineo Silva and Others case, Judgment, 3 January 2003, § 220.
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.” 
Peru, Constitutional Court, Marcelino Tineo Silva and Others case, Judgment , 3 January 2003, § 223.
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. 
Peru, Fourth periodic report to the Committee against Torture, 27 May 2005, UN Doc. CAT/C/SR.697, submitted 15 November 2004, § 259.
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”. 
Peru, Statement by the delegation of Peru before the Committee against Torture during the consideration of the fourth periodic report of Peru, 9 May 2006, UN Doc. CAT/C/SR. 697 § 12.