Peru’s Ombudsman’s office (Defensoría del Pueblo), responding to the Global Detention Project’s Covid-19 survey, stated that to their knowledge, no one had been detained for migration reasons during the pandemic. They also noted that there is no formal immigration detention estate in the country. After the declaration of the state of emergency in the country, […]
Peru: Covid-19 and Detention
The Covid-19 crisis has had a dramatic impact on Peru’s economic and social situation. As of 25 May 2020, Peru had recorded more than 260,000 cases and 8,586 deaths related to the disease, making it the Latin American country with most cases and deaths from Covid-19 after Brazil. A report by the World Bank Group […]
Last updated: July 2024
DETENTION CAPACITY
ALTERNATIVES TO DETENTION
ADDITIONAL ENFORCEMENT DATA
PRISON DATA
POPULATION DATA
LEGAL & REGULATORY FRAMEWORK
Does the Country Have Specific Laws that Provide for Migration-Related Detention?
GROUNDS FOR DETENTION
LENGTH OF DETENTION
DETENTION INSTITUTIONS
PROCEDURAL STANDARDS & SAFEGUARDS
COSTS & OUTSOURCING
COVID-19 DATA
TRANSPARENCY
MONITORING
NATIONAL HUMAN RIGHTS MONITORING BODIES
NATIONAL PREVENTIVE MECHANISMS (OPTIONAL PROTOCOL TO UN CONVENTION AGAINST TORTURE)
NON-GOVERNMENTAL ORGANISATIONS (NGOS)
GOVERNMENTAL MONITORING BODIES
INTERNATIONAL DETENTION MONITORING
INTERNATIONAL TREATIES & TREATY BODIES
International Treaties Ratified
Ratification Year
Observation Date
ICPED, International Convention for the Protection of All Persons from Enforced Disappearance
2012
2012
OPCAT, Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2006
2006
ICRMW, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
2005
2005
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2002
2002
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2002
2002
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
1988
1988
Ratio of relevant international treaties ratified
Ratio: 17/19
Individual Complaints Procedures
Acceptance Year
CEDAW, Optional Protocol to the Convention on the Elimination of Discrimination against Women, 1999
2001
2001
Relevant Recommendations or Observations Issued by Treaty Bodies
Recommendation Year
Observation Date
Human Rights Committee
35. The State party should redouble its efforts to:
(b) Ensure the implementation of legislation on the right to asylum and
refugee status, and establish fair and efficient asylum procedures that provide effective protection against refoulement;
(d) Continue and increase the provision of training to migration and border
officials in identifying persons in need of international protection and informing them of asylum procedures;
(e) Issue and renew identity documents for asylum-seekers and refugees in a timely manner in order to facilitate their access to basic social services and prevent their arbitrary detention, and continue efforts to remove practical obstacles to birth registration for all children born in the territory to foreign parents, including children of refugees and asylum-seekers;
2023
2023
2023
Committee on Migrant Workers
"§31. take the necessary measures to guarantee that detention of migrant workers in an irregular situation is a measure of last resort and that detention in all circumstances is conducted in accordance with article 16 and article 17, paragraph 2, of the convention, and also with the committee’s general comment no. 2 on the rights of migrant workers in an irregular situation and members of their families. it also recommends that the state party should provide detailed information on this issue in its next periodic report, including the information mentioned in the previous paragraph."
2015
2015
Global Detention Project and Partner Submissions to Treaty Bodies
Date of Submission
Observation Date
2022
https://www.globaldetentionproject.org/submission-to-the-committee-on-the-protection-of-the-rights-of-all-migrant-workers-and-members-of-their-families
Global Detention Project and Grupo de Movilidad Humana de la Coordinadora Nacional de Derechos Humanos
Committee on Migrant Workers (CMW)
34th Session (March – April 2022)
State Report
Pending
2022
2022
> UN Special Procedures
Visits by Special Procedures of the UN Human Rights Council
Year of Visit
Observation Date
Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
2004
2004
2015
> UN Universal Periodic Review
REGIONAL HUMAN RIGHTS MECHANISMS
Regional Legal Instruments
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
Observation Date
APACHR, Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights
1995
1995
CBDP, Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention of Belem do Para)
1996
1996
HEALTH CARE PROVISION
HEALTH IMPACTS
COVID-19
Country Updates
Peru’s Ombudsman’s office (Defensoría del Pueblo), responding to the Global Detention Project’s Covid-19 survey, stated that to their knowledge, no one had been detained for migration reasons during the pandemic. They also noted that there is no formal immigration detention estate in the country.
After the declaration of the state of emergency in the country, Peru’s immigration authority (Superintendencia Nacional de Migraciones) suspended, for a duration of 15 days, administrative sanctions related to overstaying visas and residence permits and also for unauthorised entry onto the territory, through the Superintendency Resolution No. 100-2020. Consequently, deportations for these immigration offences were also suspended. The measure was subsequently extended by Superintendency Resolution No. 107-2020 until the end of the state of emergency. However, on 9 May 2020, Peru’s immigration authority voided the suspension through Superintendency Resolution No. 123-2020. According to the explanatory memorandum, this decision was made to allow the authority to “help mitigate actions affecting public order, national security, or the security of Peru’s citizens, by non-citizens in the country, especially during the state of emergency.”
The Ombudsman stated that there is no official information on the number of deportation orders issued by the country’s immigration authority since the lifting of the suspension of administrative sanctions. The only case that was reported through a press release was that of two Ecuadorian citizens who entered Peruvian territory irregularly through a plane that crashed in Tumbes (a border city between Ecuador and Peru), and were then expelled to Ecuador on 10 June.
While no new immigration or asylum policies have been adopted, certain measures to mitigate the impact of Covid-19 have affected the country’s immigration management strategies and the operation of Peru’s asylum system. As regards immigration management, Peru closed its borders on 16 March through Supreme Decree No. 044-2020-PCM, and with it, the suspension of land, aerial, and maritime transport. This measure means that, save for exceptional cases such as humanitarian flights between countries, the entry or exit of people (nationals and non-nationals) to and from the country is not permitted. In addition to the clear restrictions that this implies for the freedom of movement of migrants, the Ombudsman’s office identified that it could affect the right to seek asylum. Between 16 March and 21 June, no measures were reportedly taken by the government to guarantee access to the territory for asylum seekers. People who had entered the country shortly before the closure of borders, or who entered the country irregularly during the state of emergency, said that they did not know where to go due to the closure of national institutions.
From 22 June, the Special Commission for Refugees (Comisión Especial para los Refugiados or CEPR), the body in charge of the operation of the Peruvian asylum system, established an online platform for people to be able to conduct the following procedures: Apply for asylum; apply for the renewal of work authorisations for asylum seekers; filing appeals for reconsideration or appeal against a negative asylum decision; and applying for family reunification in cases of people with refugee status.
The CEPR has announced that they are working to move all procedures they are in charge of to online platforms as face-to-face meetings cannot be resumed at the moment. It is not yet known whether this system has had positive or negative effects upon the determination of refugee status. However, the Ombudsman is concerned that barriers to accessing the asylum system may arise due to the lack of access of asylum seekers to smartphones, laptops, computers, or the internet as well as the lack of knowledge on how to properly fill out the relevant applications.
The Covid-19 crisis has had a dramatic impact on Peru’s economic and social situation. As of 25 May 2020, Peru had recorded more than 260,000 cases and 8,586 deaths related to the disease, making it the Latin American country with most cases and deaths from Covid-19 after Brazil.
A report by the World Bank Group reported that Venezuelan migrants residing in Peru (around 830,000) are particularly at risk from Covid-19 due to several factors, including inadequate access to health and social services as well as loss of employment. The report stated that when falling ill, only 33 percent of Venezuelan migrants (compared to 48 percent of Peruvians) sought medical care in a health centre or a doctor’s office, mostly due to a lack of financial resources and insurance coverage. Many Venezuelan migrants in Peru work in the informal sector and due to the Covid-19 crisis have lost their employment and income, leaving many in a situation of extreme poverty.
UN agencies have distributed food parcels and water, provided by the private sector, to some 5,000 families in vulnerable situations. This was intended to cover essential needs during the sanitary emergency to avoid people going out to buy food. According to the IOM director in Peru, “more than 80% of the Venezuelan population in Peru works in the informal sector and that people live off daily income. After 25 days of compulsory social isolation, these persons are in great need of assistance.”
Migrants and refugees are being accommodated in overpopulated shelters. “Accion contra el Hambre” has been distributing food, water, and hygiene kits across the shelters as well as providing support to improve their sanitation infrastructure and hygiene conditions. The organisation has reported that Venezuelan migrants are suffering from increased xenophobia and that this vulnerable population has been left out of subsidy plans during the pandemic.
Certain measures have been taken to reduce the spread of Covid-19 within penal institutions. Peruvian authorities announced the creation of 60 temporary facilities to treat prisoners suffering from Covid-19 on 20 April and thousands of prisoners have been released since April. On 19 May, 933 prisoners were released, most of whom were at least 60 years old and had been sentenced for minor offences. The following day, the Minister of Justice announced that they expect to release approximately 10,000 prisoners on remand and at least 2,500 convicted offenders.
A riot took place on 27 April at the Miguel Castro Castro prison in Lima, which is severely overpopulated. Although it has a capacity of only 1,140 places, there are reportedly 5,500 prisoners. Three prisoners were killed following an operation led by the police and prison guards intended to regain control of the prison. As of 20 May, 2,800 members of staff (out of 11,000) and 3,212 prisoners (out of 96,870) were tested for the disease and 674 employees and 1,223 prisoners tested positive.
