There were no reports the government or its agents committed arbitrary or unlawful killings.

There were no significant developments in the investigation into allegations members of the Peruvian National Police (PNP) committed the extrajudicial killings of more than 27 criminal suspects during at least nine separate police operations from 2012 to 2015 as part of a scheme to obscure police corruption as well as a means to receive awards and promotions. Fourteen PNP regular police officers remained in preventive detention, eight in prison and six under house arrest, awaiting trial for their roles in one of the operations.

The Shining Path domestic terrorist group conducted several terrorist acts during the year that caused the injury and death of security force members and civilians, including the August 21 killing of a husband, wife, and adult son in a small town located in the remote region of Junin. Shining Path terrorists conducted two separate attacks on police and military contingents in June, killing four police officers and wounding several others.

On September 11, the National Criminal Court sentenced 10 former leaders of the Shining Path to life in prison for committing the 1992 Tarata Street bombing that killed 25 persons in Lima. The court postponed sentencing an 11th leader, Moises Limaco, who fled the country in 2014, and cleared a 12th, Elizabeth Cardenas.

There were no reports of disappearances by or on behalf of government authorities.

The Ministry of Justice’s Directorate for Disappeared Persons oversees the recovery, identification, and return of remains of the approximately 13,000-20,000 persons who disappeared during the internal conflict of 1980-2000. To expedite this effort, President Vizcarra signed a law on September 7 to create a genetic database to identify and recover disappeared victims’ remains.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices. Local nongovernmental organizations (NGOs), however, and the Human Rights Ombudsman’s Office reported that torture by police occurred and stated the government did not effectively prevent and punish those who committed such abuses. In a June report, the Human Rights Ombudsman’s Office identified 174 cases of police-related torture and abuse between March 2017 and April 2018. The incidents occurred nationwide, across all police units, but without any apparent pattern and were not found to be the result of a government policy.

According to the local NGO Human Rights Commission, many victims did not file formal complaints about their alleged torture, and those who did so purportedly had difficulty obtaining judicial redress and adequate compensation. Transgender women reported to NGOs that municipal police in metropolitan Lima committed acts of extortion, violence, and degrading treatment against them.

Prison and Detention Center Conditions

The law prohibits such practices. Local nongovernmental organizations (NGOs), however, and the Human Rights Ombudsman’s Office reported that torture by police occurred and stated the government did not effectively prevent and punish those who committed such abuses. In a June report, the Human Rights Ombudsman’s Office identified 174 cases of police-related torture and abuse between March 2017 and April 2018. The incidents occurred nationwide, across all police units, but without any apparent pattern and were not found to be the result of a government policy.

According to the local NGO Human Rights Commission, many victims did not file formal complaints about their alleged torture, and those who did so purportedly had difficulty obtaining judicial redress and adequate compensation. Transgender women reported to NGOs that municipal police in metropolitan Lima committed acts of extortion, violence, and degrading treatment against them.

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements. The government constitutionally suspended the right to freedom from arrest without warrant in designated emergency zones.

ROLE OF THE POLICE AND SECURITY APPARATUS

The PNP is responsible for all areas of law enforcement and internal security, including migration and border security. The PNP functions under the authority of the Ministry of Interior. The armed forces are responsible for external security under the authority of the Ministry of Defense. The armed forces have limited domestic security responsibilities, particularly in the Valley of the Apurimac, Ene, and Mantaro Rivers (VRAEM) emergency zone.

Civilian authorities maintained effective control over the military and police forces, and the government had effective mechanisms to investigate and punish abuses. Corruption and a high rate of acquittals, however, in civilian courts for military personnel accused of crimes remained serious problems. The Public Ministry conducted investigations, although access to evidence held by the Ministry of Defense was not always forthcoming. The Ombudsman’s Office can also investigate cases and submit conclusions to the Public Ministry for follow-up.

The Ministries of Interior and Defense employed internal mechanisms to investigate allegations of security force abuse. The Ministry of Interior’s Office of Inspector General reported it disciplined approximately 1,400 police officers from January to September, compared with over 33,000 in the first eight months of 2017. Analysts attributed the apparent dramatic decrease in PNP disciplinary actions during the year to the fact that there were an unusually high number of disciplinary actions the previous year, which were the result of reforms the Interior Ministry implemented in 2017.

Police continued operating under a use-of-force doctrine adopted in 2015. When a police action causes death or injury, the law requires an administrative investigation and notification to the appropriate oversight authorities. The law is applicable to all police force members and defines the principles, rules, situations, and limitations for police use of force and firearms.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires a written judicial warrant based on sufficient evidence for an arrest, unless authorities apprehend the alleged perpetrator of a crime in the act. Only judges may authorize detentions. Authorities are required to arraign arrested persons within 24 hours, except in cases of suspected terrorism, drug trafficking, or espionage, for which arraignment must take place within 15 days. In remote areas, arraignment must take place as soon as practicable. Military authorities must turn over persons they detain to police within 24 hours. Police must file a report with the Public Ministry within 24 hours after an arrest. The Public Ministry, in turn, must issue its own assessment of the legality of the police action in the arrest, and authorities respected this requirement.

The law permits detainees access to family members and a lawyer of their choice. Police may detain suspected terrorists incommunicado for 10 days.

Pretrial Detention: Lengthy pretrial detention continued to be a problem. As of June, judicial authorities had sentenced 52,966 of the 87,995 detainees held in detention facilities and prisons. The length of pretrial detention occasionally equaled, but did not exceed, the maximum sentence of the alleged crime. Delays were due mainly to judicial inefficiency, corruption, and staff shortages. In accordance with the law, courts released prisoners held more than nine months (up to 36 months in complex cases) whom the justice system had not tried and sentenced. The courts factored pretrial detention into final sentences.

The constitution provides for an independent judiciary. Some NGOs and other advocates alleged the judiciary did not always operate independently, was not consistently impartial, and was sometimes subject to political influence and corruption.

In July the media released audiotaped phone conversations of judges implicating themselves in influence peddling, which included court decisions. Immediately following the scandal, President Vizcarra implemented measures to address judicial corruption.

Authorities generally respected court orders from the judiciary.

TRIAL PROCEDURES

The law provides for the right to a fair and public trial, and the judiciary generally enforced this right, although reports of corruption in the judicial system were common. The government continued the implementation, begun in 2006, of the transition from the inquisitorial to the accusatory legal system and the application of a new criminal procedure code designed to streamline the penal process. As of October the government had initiated the transition and introduced the code in 31 of the 34 judicial districts, although implementation in the largest judicial districts–Lima and South Lima–remained pending.

The law presumes all defendants are innocent. The government must promptly inform defendants in detail of the charges against them and provide defendants a trial without undue delay. Defendants also have the right to be present at their trial and to communicate with an attorney of their choice or have one provided at public expense. State-provided attorneys, however, often had poor training. Although the law grants citizens the right to trial in their own language, interpreting and translation services for non-Spanish speakers were sometimes unavailable. This deficiency primarily affected indigenous persons living in the highlands and Amazon regions.

The law gives all defendants the right to adequate time and facilities to prepare for their defense. Defendants have the right to confront adverse witnesses and present their own witnesses and evidence. The government cannot compel defendants to testify or confess to a crime. Defendants may appeal verdicts to a superior court and ultimately to the Supreme Court. The Constitutional Tribunal may rule on cases involving issues such as habeas corpus or the constitutionality of laws.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees during the year.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Citizens may seek civil remedies for human rights violations, but court cases often take years to resolve. Press reports, NGOs, and other sources continued to allege that persons outside the judiciary frequently corrupted or influenced judges.

The law prohibits such actions, and there were no reports that the government failed to respect these prohibitions. The government’s continued declaration of an emergency zone in the VRAEM, due to drug trafficking and criminal activity, suspended the right to home inviolability.

There were no reports that the government or its agents committed arbitrary or unlawful killings. The Ministry of National Security reported two fatalities in police operations during the year; in each case the government reported the suspect was armed. Twelve police shootings were pending before the Coroner’s Court.

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits torture and cruel, inhuman, or degrading treatment or punishment. At times citizens and visitors alleged instances of cruel or degrading treatment of criminal suspects or of migrants by police or immigration officials. In June a man alleged The Bahamas Department of Corrections (BDOC) officers beat him and denied him medical treatment. BDOC officials charged a prison officer with “using unnecessary force.” He was awaiting the decision of a disciplinary tribunal.

Foreign male prisoners frequently reported threats and targeting by prison guards at the BDOC. For example, in September a prisoner reported that BDOC officials touched him in a sexually inappropriate manner on the shoulders and chest. The government moved the individual to a different wing of the prison while awaiting the results of an internal investigation.

Prison and Detention Center Conditions

Conditions at Fox Hill, the government’s only prison, failed to meet international standards in some areas and were harsh due to overcrowding, poor nutrition, and inadequate sanitation and ventilation.

Physical Conditions: Overcrowding, poor sanitation, and inadequate access to medical care and drinking water remained problems in the men’s maximum-security block. In September the Ministry of National Security reported the prison held 1,778 inmates in spaces designed to accommodate 1,000. Pretrial detainee juveniles were held with adults at the Fox Hill remand center. Prison conditions varied for men and women.

The government stated inmates consistently received three meals a day, but some inmates and nongovernmental organizations (NGOs) reported inmates received only two meals per day, with a meal sometimes consisting only of bread and tea. Fresh fruit and vegetables were rare to nonexistent. Prisoners also reported infrequent access to drinking water and inability to save potable water due to lack of storage containers for the prisoners. Many cells also lacked running water, and in those cells, inmates removed human waste by bucket. Sanitation was a general problem, with cells infested with rats, maggots, and insects. Ventilation was also a general problem. Prisoners in maximum security had access to sanitary facilities only one hour a day and used slop buckets as toilets.

Prison inmates complained about the lack of beds and bedding. As a result, inmates developed bedsores from lying on the bare ground. The availability of prescribed pharmaceuticals and access to physician care were sporadic.

There was inadequate access to the men’s second floor medical center for sick inmates or inmates with disabilities. Inmates reportedly used a wheelbarrow to transport inmates unable to walk to the clinic.

Administration: An independent authority does not exist to investigate credible allegations of inhuman conditions. Migrant detainees did not have access to an ombudsman or other means of submitting uncensored complaints, except through their nation’s embassy or consulate.

Independent Monitoring: The Office of the UN High Commissioner for Refugees (UNHCR) reported it was regularly able to visit the primary detention centers and the “safe-house” for women and children to speak with detainees held there, including asylum seekers and refugees. UNHCR had not conducted a formal monitoring visit at either facility since 2016; UNHCR primarily visited to identify potential persons of concern. Human rights organizations complained the government did not consistently grant requests by independent human rights observers for access to the BDOC facility, the Carmichael Road Detention Center, and the two juvenile centers. The government maintained additional bureaucratic requirements for some civil society organizations to gain access to the detention center, making it difficult to visit detainees on a regular basis.

Improvements: The Carmichael Road Detention Center installed new integrated computer modules to enhance detainee management as part of the government’s 30 million dollar modernization of the Department of Immigration. It also acquired additional industrial washers during the year for cleaning prisoner bedding and clothing.

The constitution prohibits arbitrary arrest and detention, and the government generally observed these prohibitions, with the exception of immigration raids. The constitution provides for the right of any person to challenge the lawfulness of his/her arrest or detention in court, although this process sometimes took several years.

One man claimed the BDOC unlawfully detained him for 33 days after he received a certificate of discharge. Numerous Haitian migrants reported being detained by immigration officials and solicited for bribes of 3,000 Bahamian dollars (B$) (one Bahamian dollar is equal in value to one U.S. dollar) to gain release from the detention center.

Government officials sometimes held migrant detainees who presented a security risk at the BDOC facility.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Royal Bahamas Police Force (RBPF) maintains internal security. The small Royal Bahamas Defense Force is primarily responsible for external security but also provides security at the Carmichael Road Detention Center and performs some domestic security functions, such as guarding foreign embassies. The Ministry of National Security oversees both the RBPF and defense force. The defense force augments the RBPF in administrative and support roles.

Civilian authorities maintained effective control over the RBPF and defense forces and the Department of Immigration. Authorities automatically placed under investigation police officers involved in shooting or killing a suspect. Police investigated all cases of police shootings and deaths in police custody and referred them to a coroner’s court for further evaluation. The RBPF published the results of completed investigations. The Police Complaints and Corruption Branch, which reports directly to the deputy commissioner, is responsible for investigating allegations of police brutality or other abuse.

In addition to the Complaints and Corruption Branch, the independent Police Complaints Inspectorate Office typically investigated complaints against police, but it had not met since September 2017.

From January to November, 143 complaints were lodged with the Complaints and Corruption Branch, with unethical behavior, receiving a bribe, stealing, stolen property, damage, unlawful arrest, causing harm, and extortion the most common, in descending order. The RBPF received and reportedly resolved these complaints through its Complaints and Corruptions Branch, but the responses to those complaints were made public only upon completion of an investigation. The RBPF took action against police misconduct, consistently firing officers for criminal behavior.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Authorities generally conducted arrests openly and, when required, obtained judicially issued warrants. Serious cases, including suspected narcotics or firearms offenses, do not require warrants where probable cause exists. The law provides that authorities must charge a suspect within 48 hours of arrest. Arrested persons must appear before a magistrate within 48 hours (or by the next business day for cases arising on weekends and holidays) to hear the charges against them, although some persons on remand claimed they were not brought before a magistrate within the 48-hour period. Police may apply for a 48-hour extension upon simple request to the court and for longer extensions with sufficient showing of need. The government generally respected the right to a judicial determination of the legality of arrests. The constitution provides the right for those arrested or detained to retain an attorney at their own expense; volunteer legal aides were sometimes available. Access to legal representation was inconsistent, including for detainees at the detention center. Minors younger than 18 receive legal assistance only when charged under offenses before the upper courts; otherwise, there is no official representation of minors before the courts.

A functioning bail system exists. Individuals who could not post bail were held on remand until they faced trial. Judges sometimes authorized cash bail for foreigners arrested on minor charges; however, foreign suspects generally preferred to plead guilty and pay a fine.

Pretrial Detention: Attorneys and other prisoner advocates continued to complain of excessive pretrial detention due to the failure of the criminal justice system to try even the most serious cases in a timely manner. The constitution provides that authorities may hold suspects in pretrial detention for a “reasonable period of time,” which was interpreted as two years. Authorities used an electronic ankle-bracelet surveillance system in which they released selected suspects awaiting trial with an ankle bracelet on the understanding the person would adhere to strict and person-specific guidelines defining allowable movement within the country.

Authorities detained irregular migrants, primarily Haitians, while arranging for them to leave the country or until they obtained legal status. The average length of detention varied significantly by nationality, willingness of governments to accept their nationals back in a timely manner, and availability of funds to pay for repatriation. Authorities usually repatriated Haitians within one to two weeks. In a 2014 agreement between the governments of The Bahamas and Haiti, the government of Haiti agreed to accept the return of its nationals without undue delay, and both governments agreed that Haitian migrants found on vessels illegally in Bahamian territorial waters would be subject to immediate repatriation. In return the Bahamian government agreed to continue reviewing the status of Haitian nationals with no legal status and without criminal records who either had arrived in The Bahamas before 1985 or had resided continuously in The Bahamas since that time. During the year the government began dispatching magistrates to the southern islands to adjudicate cases of interdicted irregular migrants, a change implemented to provide further due process.

The government continued to enforce the 2014 immigration policy that clarified requirements for noncitizens to carry the passport of their nationality and proof of legal status in the country. Some international organizations alleged that enforcement focused primarily on individuals of Haitian origin, that rights of children were not respected, and that expedited deportations did not allow time for due process. There were also widespread, credible reports that immigration officials physically abused persons who were being detained and that officials solicited and accepted bribes to prevent detention or secure release.

Activists for the Haitian community acknowledged that alleged victims filed few formal complaints with government authorities, which they attributed to a widespread perception of impunity for police and immigration authorities and fear of reprisal among minority communities. The government denied these allegations and publicly committed to carry out immigration operations with due respect for internationally accepted human rights standards.

Although the constitution provides for an independent judiciary, sitting judges are not granted tenure, and some law professionals asserted that judges were incapable of rendering completely independent decisions due to lack of job security. Procedural shortcomings and trial delays were problems. The courts were unable to keep pace with the rise in criminal cases, and there was a growing backlog.

TRIAL PROCEDURES

Defendants enjoy the right to a presumption of innocence until proven guilty, to be informed promptly and in detail of the charges, to a fair and free public trial without undue delay, to be present at their trial, to have adequate time and facilities to prepare a defense, to receive free assistance of an interpreter, and to present their own witnesses and evidence. Although defendants generally have the right to confront adverse witnesses, in some cases the law allows witnesses to testify anonymously against accused perpetrators in order to protect themselves from intimidation or retribution. Authorities frequently dismissed serious charges because witnesses either refused to testify or could not be located. Defendants also have a right not to be compelled to testify or confess guilt and to appeal.

Defendants may hire an attorney of their choice. The government provided legal representation only to destitute suspects charged with capital crimes, leaving large numbers of defendants without adequate legal representation. Lack of representation contributed to excessive pretrial detention, as some accused lacked the means to advance their cases toward trial.

Numerous juvenile offenders appear in court with an individual who is court-appointed to protect the juvenile’s interests (guardian ad litem). A conflict arises when the magistrate requests “information” about a child’s background and requests that the same social worker prepare a probation report. The Department of Social Services prepares the report, which includes a recommendation on the eventual sentence for the child. In essence the government-assigned social worker tasked with safeguarding the welfare of the child is the same individual tasked with recommending an appropriate punishment for the child.

A significant backlog of cases were awaiting trial. Delays reportedly lasted years, although the government increased the number of criminal courts and continued working to clear the backlog. Once cases went to trial, they were often further delayed due to poor case and court management, such as inaccurate handling or presentation of evidence and inaccurate scheduling of witnesses, jury members, and accused persons for testimony. Shaquille “Kellie” Rashad Demeritte Kelly was killed in 2013, and despite national coverage of the killing and a government commitment to bring the perpetrators to justice, the trial dates were continually postponed.

Local legal professionals also attributed delays to a variety of longstanding systemic problems, such as slow and limited police investigations, insufficient forensic capacity, lengthy legal procedures, and staff shortages in the Prosecutor’s Office and the courts.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

There is an independent and impartial judiciary in civil matters, and there is access to a court to bring lawsuits seeking damages for, or cessation of, human rights violations.

The constitution prohibits such actions, and the government generally respected these prohibitions; however, in shantytowns (illegal settlements populated primarily by Haitian migrants), witnesses reported immigration officers’ habitual warrantless entry of homes without probable cause. Many Haitians claimed that immigration officers targeted their dwellings once their undocumented status was discovered, demanding multiple bribes.

While the law usually requires a court order for entry into or search of a private residence, a police inspector or more senior police official may authorize a search without a court order where probable cause to suspect a weapons violation or drug possession exists.