Peru’s Constitutional Court Extends Overcrowded Prison Reform Deadline to 2030 Amidst Economic Challenges

The Constitutional Court of Peru recently extended the deadline for addressing prison overcrowding by five years, granting the Ministry of Justice (MINJUS) and the National Penitentiary Institute (INPE) until 2030 to resolve the issue. This decision stems from a resolution initially set in 2020, which called for the reduction of prison populations across the country. However, financial constraints attributed to the impact of the COVID-19 pandemic and Cyclone Yaku have hindered progress. An extension was given in response to congressional complaints that the issue was unresolved.

In response, the Ministry of Economy and Finance has allocated over $830 million towards building new facilities. However, reports indicate that as of early April, prison overpopulation remains a critical issue, with 68 facilities operating at 54 percent over capacity. Particularly alarming is Quillabamba prison’s overcapacity of 505 percent (details).

According to former INPE Chief Rosa Mávila, the current approach is flawed and reliant on extended timelines and infrastructure projects, such as the halted Tacna and Ica prison projects, due to local opposition and contractual disputes.

Moreover, the government’s controversial measure to alleviate overcrowding involves releasing inmates convicted of minor offenses such as failure to pay child support if they meet certain conditions. Critics describe it as a temporary solution in a system housing over 100,000 detainees, most without conviction, according to a recent announcement.

As President Dina Boluarte’s administration faces public pressure, with disapproval rates reaching 93 percent (source), the extension has sparked debate on long-term solutions required to alleviate Peru’s prison overcrowding dilemma.