The United Nations Subcommittee on the Prevention of Torture (SPT) has raised alarms following its visit to Peru, where significant issues concerning juvenile detention practices have been observed. A particularly contentious point is the recent legislation passed by the Congress of the Republic of Peru. This legislation permits the prosecution of juveniles aged 16 and 17 as adults for serious criminal offenses like murder and sexual assault, thereby allowing their detention in adult penitentiary facilities.
The new law is defended by its proponents as a measure to prevent criminal syndicates from exploiting minors’ previous legal protections by involving them in violent acts. Nevertheless, this legislative change has been met with criticism from human rights organizations and legal scholars who argue that it undermines juvenile rights and poses broader societal concerns. According to a statement by a member of the SPT, Brasholt, the incorporation of adolescents into the adult penal system is of “special concern” to the panel. More details on this are available in the JURIST report.
This policy shift seemingly stands at odds with established international juvenile justice standards. As per guidelines provided by UNICEF, it is recommended that nations safeguard all individuals under 18 who are involved with the law by ensuring their cases are handled within the juvenile legal framework, avoiding adult criminal courts unless absolutely necessary. UNICEF also advises against the lowering of protection standards for specific crimes and discourages granting judicial discretion to decide on applying adult or juvenile procedures.
In the current legal context of Peru, the age of criminal liability is set at 18, with the assumption that minors involved in unlawful activities should be processed under the juvenile justice system. The enactment of the new legislation allowing adult criminal proceedings for 16- and 17-year-olds, therefore, represents a significant deviation from international human rights norms and has raised serious concerns regarding the legal treatment and rights of minors within Peru.