E/CN.4/1988/17/Add.l page 5 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.

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