URUGUAY: Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment

This report presents the findings and recommendations of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on his mission to Uruguay, which took place from 21 to 27 March 2009.

The Special Rapporteur expresses deep appreciation to the Government for the excellent cooperation extended by the authorities during the course of the visit. He notes the Government’s commitment to uphold and promote human rights and the progress made since the end of the dictatorship in 1985.

The Special Rapporteur is particularly concerned that children are at great risk of ill-treatment in police stations and detention facilities. He also found consistent allegations of beatings after arrest, as well as excessive use of force and collective punishments after riots and rebellions in detention facilities.

The punitive approach applied in the penitentiary system and the lack of activities do not allow for rehabilitation. The use of imprisonment as the first rather than a last resort has failed to reduce the rates of criminality or prevent recidivism. On the contrary, most of the prisons in Uruguay are severely overcrowded and there exists a serious risk of a total collapse of the penitentiary system.

Although some efforts have been made to improve overall conditions in prisons and prevent overcrowding, the conditions in some detention facilities, particularly Libertad Penitentiary and the Santiago Vázquez Prison Complex (Complejo Carcelario Santiago Vázquez, known as COMCAR), amount to inhuman and degrading treatment. The overcrowding, the non-separation of pretrial and convicted detainees as well as the limited access to medical services is of concern in practically all of the places visited. A comprehensive reform of the whole administration of justice system, aimed at the rehabilitation and reintegration of offenders, should be a high priority.

Although the Government has recently introduced the crime of torture in the Law on Cooperation with the International Criminal Court, the provision is unlikely to be applied to perpetrators of individual crimes, as reflected since its entry into force in 2006.

Nevertheless, the provision should serve as an inspiration for the reform of the criminal code.

The Special Rapporteur welcomes the creation of a National Action Plan on Fighting Domestic Violence and acknowledges that some first steps were taken in this regard. However, its full implementation has been delayed, leading to a situation of inadequate preventive and protective measures afforded by the State.

In light of the above, the Special Rapporteur recommends that the Government of Uruguay fully implement its obligations under international human rights law. In particular, he urges the Government to criminalize torture in line with the Convention against Torture, to prevent the use of excessive use of force by the police, to expedite judicial proceedings, to ensure that the perpetrators of human rights violations committed during the dictatorship are brought to justice without further delay and to fully implement the National Action Plan on Fighting Domestic Violence. Moreover, the Government should undertake, without delay, a fundamental reform of the criminal justice and penitentiary systems aimed at the rehabilitation and a better reintegration of offenders into society, introducing and strengthening, inter alia, non-custodial measures of punishment, and continue its efforts to improve the conditions of detention. The Special Rapporteur also urges the closure of prisons with inhuman conditions of detention; particularly “Las Latas” of Libertad Penitentiary and Modules 2–4 of COMCAR.

The Special Rapporteur calls upon the international community to assist the Government of Uruguay in its fight against torture and ill-treatment by providing financial and technical support.

The Special Rapporteur welcomes Uruguay’s ratification of the Optional Protocol to the Convention against Torture and the recent adoption of a law establishing a National Human Rights Commission, including a national mechanism for the prevention of torture.

On the basis of discussions with public officials, judges, lawyers and representatives of civil society, interviews with victims of violence and with persons deprived of their liberty, often supported by forensic medical evidence, the Special Rapporteur found few reports of torture. However, he received frequent allegations of ill-treatment in several detention facilities.

Further information

pdf: http://www.crin.org/docs/Nowak_Uruguay_en.pdf

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