CAT/C/URY/CO/3
The Committee urges the State party to take effective steps to ensure that police
officers comply with the Code of Conduct for Law Enforcement Officials and the
Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.
The State party should also ensure that all persons deprived of their liberty have the
benefit, in practice and from the very beginning of their detention, of all basic legal
safeguards, including those set out in paragraphs 13 and 14 of the Committee’s
general comment No. 2 (2007), and in particular that detainees and persons at risk of
torture and ill-treatment have judicial and other remedies available to them.
Allegations of torture and ill-treatment in prisons
9.
The Committee finds it regrettable that, notwithstanding the “dozens of criminal
complaints of ill-treatment or failure to care for persons deprived of their liberty” submitted
by the Parliamentary Commissioner for the Prison System (CAT/C/URY/3, para. 539), the
State party has not provided precise information on the number of allegations,
investigations, trials or convictions involving cases of torture or ill-treatment during the
reporting period. What little information exists mentions charges of torture being brought
against two warders at the Canelones prison in 2012 and a number of complaints
concerning warders at various prisons for having inflicted “personal injury” upon prisoners
(arts. 2, 12, 13 and 16).
The State party should:
(a)
Take appropriate steps to ensure that all allegations of torture or illtreatment are promptly, thoroughly and impartially investigated and that those
responsible are tried and, if found guilty, punished in accordance with the seriousness
of their acts;
(b)
Ensure that investigations into allegations of torture or ill-treatment are
carried out by an independent body that has the necessary resources at its disposal;
(c)
Evaluate the effectiveness of the complaints mechanisms available to
persons deprived of their liberty;
(d)
Provide detailed information on any cases of torture or ill-treatment that
occurred during the reporting period, including disaggregated information on the
number of complaints, investigations, trials and judgements and on reparation
granted to victims.
Prison conditions
10.
The Committee applauds the steps taken by the State party to improve prison
conditions and eliminate overcrowding through an ambitious programme that includes the
construction of a new prison and units in several other prisons. It is, however, concerned by
the fact that two thirds of the prison population is awaiting trial and that the State party’s
legislation still does not set a maximum length of pretrial detention. The Committee is also
concerned by reports of shortcomings in terms of medical care, the water supply, sanitation
and ventilation in cells. It is also concerned by reports indicating that there is not a strict
separation of accused from convicted prisoners. Moreover, the Committee notes that the
State party’s prison system is still under the Ministry of the Interior, which continues to
present problems with regard to the suitability of the treatment of prisoners.
The State party should adopt the necessary measures to continue improving prison
conditions. In particular, it should:
GE.14-04582
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