The Peruvian Criminal Justice System and Prison Conditions
Update 6/7: He is still at the police headquarters facility. Reports that he will be moved to Miguel Castro Castro are now contradicted by the ex-prison chief, who says it is not secure enough to protect him. The ex-chief now thinks he will go to the maximum prison at Piedras Gordas, which he says does have adequate security. More here. This does seem to be his opinion, not fact. He's the former prison head. Article from Peru here.
Update 6/6: Joran Van der Sloot is being moved to the Miguel Castro Castro maximum security prison. Details here.
Getting details on the Peruvian penal code and procedural rules when you can't read Spanish is no easy task. Even Lexis and Westlaw offered little help. Our State Department has some basic information in this report dated March, 2010:
The justice system is based on the Napoleonic Code. The prosecutor investigates cases and submits an opinion to a first instance judge, who determines if sufficient evidence exists to open legal proceedings. The judge conducts an investigation, evaluates facts, determines guilt or innocence, and issues a sentence. All defendants are presumed innocent; they have the right to be present at trial, to call witnesses, and to be represented by counsel, although in practice the public defender system often failed to provide indigent defendants with qualified attorneys. The Ministry of Justice provided indigent persons with access to an attorney at no cost, although these attorneys were often poorly trained.
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