A/HRC/13/39/Add.2 B. The need for a comprehensive reform of the administration of criminal justice system 83. The Special Rapporteur was pleased to see that the Government took his preliminary recommendations made at the end of his mission very seriously, and that initial measures were announced shortly after his departure. On 13 April 2009, the Council of Ministers approved a preliminary plan to alleviate overcrowding in prisons, which had been requested by the President, Dr. Tabaré Vázquez, and planned by the former Minister of the Interior, Daisy Tourné.80 84. The plan81 consists of transferring 550 detainees from COMCAR to Punta de Rieles, a refurbished military facility. An additional 150 detainees would be transferred to a prefabricated facility near La Tablada and 256 would be transferred to Maldonado. A new module would be created in Libertad to house 360 detainees from Las Latas. Detainees with psychiatric illnesses and severe drug addictions would be transferred to one of the pavilions of the Carlos Rossi Colony, and those prisoners over 60 years old, as well as those who have 48-hour transitional leave would be transferred to a more open facility. Another priority will be transferring 30 women whose children live with them in prison to a separate facility. The Special Rapporteur acknowledges the measures undertaken by the Government to implement his preliminary recommendations; however, he would like to stress the immediate need to close “Las Latas” and transfer all its detainees to another facility. 85. On 8 June 2009, a writ of amparo was granted against the Ministry of the Interior, asking for the closure of Las Latas within 120 days, the elimination of overcrowding in prisons and the separation of pretrial and convicted detainees, both within a maximum period of eight months.82 The writ was later revoked by the Appeals Court. 86. The Special Rapporteur expresses his gratitude to President Vázquez for taking this important initiative and calls upon the Government to expeditiously follow through. He also stresses the need to integrate the immediate closure of Las Latas into this plan. 87. However, while he is impressed by the immediate action taken by the Government, the Special Rapporteur would like to underline that in order to address the above-mentioned shortcomings a fundamental reform of the administration of justice system and in particular the penitentiary system is urgently needed. 88. The Special Rapporteur is encouraged to hear of the Government’s intention to create a separate authority for prisons, independent from the Ministry of the Interior. Under the current system, police officers, who lack any specific training for working with prisoners, serve as prison guards. Moreover, because of the notoriously appalling conditions of detention, service in prison is widely considered to be a punishment posting. The Special Rapporteur would like to emphasize that a prison system under a Ministry of Justice, possibly to be created, or any other ministry is an important step towards addressing the challenges posed by the current penitentiary system. Such a shift of authority in the penitentiary system would likely improve the relationship between detainees and 80 81 82 GE.09-17655 “Tourné afirmó que este Gobierno es el que más ha invertido para mejorar la situación”, at www.minterior.gub.uy/, 13 April 2009. The Government pointed out that work to expand Las Rosas prison had already started, including the construction of 16 individual cells and 80 triple cells; additional space was created in the female sector of Canelones; and reforms in Libertad prison and COMCAR to allow the gradual elimination of “Las Latas” continue. The Juan Soler centre was opened near the capital, so as to help reduce the number of people in COMCAR. Sentencia Definitiva No. 41/2009, Dra. María Cristina Cabrera, Jueza Letrada de 1º Instancia de lo Contencioso Administrativo de 1º Turno. 19