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Jurist Peru juvenile detention in adult prisons concerns UN rights experts

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Dadparvar

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Nov 11, 2016
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The UN Subcommittee on the Prevention of Torture (SPT) expressed concern Friday after visiting Peru, where it observed serious issues such as prison overcrowding, lengthy pretrial detention, and a controversial new law that treats 16- and 17-year-old juveniles as adults within the penal system.

The Congress of the Republic of Peru recently passed legislation allowing teenagers aged 16 and 17 to be held criminally responsible for serious offenses such as murder and sexual assault. Under this new law, they can be prosecuted as adults and serve sentences in adults detention centers.

While the law aims to deter criminal organizations from exploiting minors’ legal immunity by involving them in violent crimes, it has faced strong criticism from human rights institutions and legal experts. UN experts have expressed concern about the law’s impact on juvenile rights and society as a whole. SPT member Brasholt stated: “We also want to express special concern regarding the new law that incorporates adolescents ages 16 and 17 as punishable in the adult penal system.”

The law appears to contradict international juvenile justice standards. According to UNICEF, countries should ensure that all individuals under the age of 18 who are in conflict with the law are protected by the juvenile system, not adult criminal courts. UNICEF further recommends excluding any provisions that lower protection standards for specific offenses or give judges discretionary powers to decide whether to apply adult or juvenile procedures.

Currently, the minimum age of criminal responsibility in Peru is 18. Children under age 18 may be held responsible for their actions but are supposed to be treated under the juvenile justice system, which aligns with international human rights standards. The new legislation, which permits the application of the adult penal system to 16- and 17-year-olds, violates those standards and raises serious concerns about the rights and treatment of minors in Peru’s legal framework.

The post Peru juvenile detention in adult prisons concerns UN rights experts appeared first on JURIST - News.

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