159. The representative of the Libyan Arab Jamahiriya assured the Committee
that his Government would comply with its request.
Uruguay
160. The Committee considered the initial report of Uruguay (CAT/C/5/Add.27
and 30) at its 95th and 103rd meetings, held on 15 and 21 November 1991, and
its 105th meeting, held on 28 April 1992 (CAT/C/SR.95, 103 and 105).
161. The report was introduced by the representative of the State party.
162. Members of the Committee welcomed the submission of the report which
contained comprehensive information, and noted with satisfaction that Uruguay
had accepted the optional procedures provided for under articles 20, 21 and 22
of the Convention.
163. Members sought additional information on various matters of a general
nature relevant to the implementation of the Convention asking, in particular,
what reasons had led Uruguay to adopt the Immunity from Prosecution Act; what
effect that Act had had on public opinion; and whether the present Government
had taken any steps to dismiss persons who had been involved in acts of
torture under the previous regime.
164. Members of the Committee also requested details concerning the public
demonstrations held in 1990 protesting the death of two young men and the
action the Government had taken in response to those demonstrations. They
also wished to know the outcome of the Supreme Court's inspection of Libertad
Prison in November 1990; whether there were any political prisoners in Uruguay
and, if 50, how many such prisoners there were and who had jurisdiction over
them; whether the independence of the jUdiciary was guaranteed; how judges
were appointed, whether they could be removed and what the compulsory
retirement age was; how many courts of appeal there were and whether a case
could be brought before any court of appeal. In addition, concern was
expressed at reported suicides at Migueletes Prison, about which members
requested clarification.
165. Members of the Committee also requested a more detailed explanation of
how the remedies of habeas corpus and amparo were actually applied in
Uruguay. In that regard reference was made to information received by the
Committee concerning, inter alia, a judgement of the Third Rota Criminal Court
of Appeal rejecting an application for amparo on the grounds that the court
was not the appropriate channel for challenging a general provision. Mention
was also made of a ruling that a jUdge had no power to put an end to unfair
treatment whereas, according to articles 316 and 317 of the Code of Criminal
Procedure, a judge was authorized to monitor prison conditions.
166. It was noted, in the foregoing connection, that the judgement appeared to
establish that amparo could not be a remedy against an unconstitutional law,
whereas in most countries the reverse was true, and that most of the
provisions affording protection against torture had been in force in Uruguay
before 1985 but had proved inadequate. Members asked what changes in those
provisions had been made since 1985 to remedy their shortcomings and whether
it was intended to correct various legislative shortcomings.
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