A/64/215
B.
Country visits
7.
With respect to fact-finding missions, the Special Rapporteur undertook visits
to Uruguay and Kazakhstan. He also received an invitation from the Government of
Cuba to visit the country in 2009 and hopes that this mission will take place in
November. He is waiting for the confirmation of dates to visit Zimbabwe in October.
He also hopes that dates for the visit to the Russian Federation, originally postponed
in October 2006, will be forthcoming.
8.
The Special Rapporteur visited Uruguay from 21 to 27 March 2009. At the
conclusion of the visit, he expressed his appreciation to the Government for the full
cooperation extended to him. Although he received few allegations of torture, he
received numerous credible allegations of ill-treatment and excessive use of force in
prisons, police stations and juvenile detention centres. However, he was encouraged
by the fact that police custody was safeguarded by habeas corpus and that people
were brought before a judge within a maximum of 48 hours. With regard to prison
conditions, the Special Rapporteur found some sections inhuman and degrading,
with conditions that included severe overcrowding and a lack of water, sanitation
and access to medical treatment. Many, if not all, of the problems faced by the
penitentiary system and the juvenile justice system were a direct result of the lack of
a comprehensive criminal or penitentiary policy. As such, the Special Rapporteur
recommended to the Government that it undertake a fundamental reform of the
criminal justice and penitentiary systems aimed at the prevention of crime and the
resocialization of offenders, moving away from a punitive penal and penitentiary
system directed at locking up people to one that aimed to reintegrate prisoners into
society. He encouraged the Government to put into practice the national plan to fight
domestic violence, and to criminalize torture, in full accordance with the definition
contained in the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment.
9.
The Special Rapporteur also undertook a visit to Kazakhstan from 4 to 11 May
2009. At the conclusion of his mission to that country, he thanked the Government
for its invitation and cooperation. He also complimented the Government for its
efforts to improve the conditions in places of detention, while taking note of the
challenges that territory-wide monitoring is presenting in the country. He noted,
however, that the detention facilities were prepared before his inspection, something
that contradicted the idea of unannounced visits and independent fact-finding. He
further added that rehabilitation and reintegration were not achieved through the
current penitentiary system. Regarding the use of torture and ill-treatment, the
Special Rapporteur expressed concern over numerous credible allegations that led
him to conclude that those practices went beyond isolated cases. With regard to
protection mechanisms, the legal framework was in line with international norms.
However, many safeguards were not effective in practice; notably, there were no
meaningful complaint mechanisms, as illustrated by the fact that there had been no
allegations of torture against police officials in the past five years. Also, there was
no independent body mandated to investigate those allegations. Finally, he noted
that violence against women was a widespread phenomenon and that the State had
not taken the appropriate measures to protect the victims.
10. The Special Rapporteur would like to recall requests for invitations sent to the
following States: Algeria (request first made in 1997); Afghanistan (2005); Belarus
(2005); Bolivia (Plurinational State of) (2005); Côte d’Ivoire (2005); Egypt (1996);
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