E/CN.4/1988/17/Add.l
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security personnel in a way which is effective from the viewpoint of criminal
investigation and the discipline necessary in penal institutions, while at the
same time respecting the dignity and basic rights of the human being. Such an
attitude is not merely the result of a given mentality but also of technical
skills and expertise.
16. During the Special Rapporteur's visit, the recent enactment of legal
measures bringing to an end the possibility of prosecuting suspected violators
of human rights for acts committed during the military regime and recognizing
the principle of "due obedience" were still being hotly debated in the
country. In his discussions with the authorities it was made clear that these*
legal measures had only been taken in view of the domestic situation which had
not yet fully stabilized. The measures deal with situations which occurred
under the military Government, but they in no way affect the regulations
established by the constitutional Government which severely punish those
responsible for torture, who will never be able, either now or in the future,
to invoke superior orders to justify their acts. It is not within the
Special Rapporteur's mandate to comment on the compatibility of the law on due
obedience with the Convention against Torture to which Argentina is a party.
Uruguay
17. The Special Rapporteur had consultations with the authorities of Uruguay
on 16 and 17 December. The recent history of Uruguay is similar to that of
Argentina. In Uruguay the military usurped power after prolonged civil strife
and unrest in 1973 and abdicated to a civilian government in March 1985.
Under the military regime the Constitution was suspended and human rights were
widely violated. Torture was a common phenomenon. As in Argentina the
history of brutal treatment of detainees to extract confessions is a long
one. Although in Uruguayan penal procedure confession alone never constitutes
full proof but has to be complemented by other elements, the authorities deem
it important to decrease the role of confessions as evidence. In order to
achieve this goal it is necessary to provide the police with other techniques
to collect evidence. The expertise and equipment necessary to introduce these
techniques, however, are not available in Uruguay. The Minister of the
Interior, therefore, expressed the hope that assistance in this field could be
obtained through the channels of the United Nations, since the introduction of
sophisticated techniques for the collection of evidence and the ensuing
decline in the importance of confessions in penal procedure would be an
important element in efforts to prevent the recurrence of torture. For the
moment instruction programmes for police and prison personnel concentrate on
mentality training and a continuing awareness of the necessity to respect
human rights.
18. In Uruguay, too, a change from the present, preponderantly written,
criminal process to a largely oral system is under consideration. One of the
difficulties is that introduction of this system calls for new infrastructure,
such as hearing rooms, rooms for defence counsel, administrative staff to make
records; also the number of judges will have to be increased and special
training courses for the judiciary are required. The President of the Supreme
Court expressed the view that introduction of such a system could contribute
considerably to a better protection of human rights if it were applied by well
trained judges.