A/HRC/13/39/Add.2
female police officers. It is one of the two largest women’s prisons in the country. The
pavilion is composed of six dormitories, one kitchen and a relatively small courtyard.
101. On the day of the visit, there were a total of 87 detainees, which meant an
overcrowding rate of almost 90 per cent as the official capacity of the prison is 50. Four
women were pregnant and four were detained with their babies and children (up to the age
of 4 years). Children who were older than 4 years had to be taken by other family members
or to institutions run by INAU. The dormitories were closed from 9 p.m. to 7 a.m. The
prisoners could walk around in the courtyard and kitchen most of the time. At the time of
the visit, the calabozos were under construction and could not be used. Generally, detainees
could be kept for a maximum of 10 days in the punishment cells, during which time they
were not allowed to go out. All the facilities were kept very clean. There was enough water
for the detainees to drink and wash themselves and they were allowed to prepare some of
their own food. No special treatment was given to pregnant women or women with babies.
According to the Law on the Humanization of Prisons, women in the last trimester of their
pregnancy and during the first three months of breastfeeding may be placed under house
arrest. Nevertheless, none of the women interviewed, including the guards and the women
who had given birth recently and those who were pregnant, had any knowledge of this
provision in the law. As a result, this possibility had not been used by any of the women.
Individual cases
102. Victoria Fernández, aged 24, had been in Canelones for six months and was
previously detained in Cabildo, Durazno and Paysandú prisons. She was transferred from
Paysandú because she had set the calabozo on fire on 2 February 2007. Most of her body
had scars from the fire. She also reported that she had electrocuted herself and as a result
only had one lung. She added that she was subjected to psychological violence. Regarding
the food, she noted that it was fine, and that the food in Cabildo was worse. She said that
she was trying to obtain a psychiatric evaluation and was beaten when she was last taken to
see the judge.
103. Daniela Maribel Machado Silva, aged 35, and her baby had been detained in
Canelones for 18 months. She noted that the judge had allowed her to leave the prison once,
and that she had four other children she would like to see. She had been detained for drug
possession, and still has 2 1/2 years to complete her sentence. She added that she was only
allowed to go to the patio if she behaved well and that she was allowed to receive visitors
three times s week for two to three hours, but that her husband was forced to undress before
visiting her. In addition, her other children had reportedly not been allowed to enter the
prison. She reported that she had not been beaten, and that when the guards searched the
prison they would tear her child’s clothes and would physically search and touch the
detainees.
104. A female detainee had been detained in Canelones for seven years, and had 22 left
to complete her sentence. She said that the detainees were very nervous and restless and
that they were currently not allowed to go out during the day because of construction work
in the prison. She complained about the overcrowding. She was currently working in the
prison and earned a monthly salary.
105. Silvana Fernández, aged 24, reported that her children, aged three and five, did not
visit her anymore because they were forced to remove their underwear before the visits. She
was reportedly put in a calabozo by force because she received a death threat from another
detainee. A day later, she was told that the threat had not been against her. She noted that
the guards were all female, but that male guards were responsible for conducting searches
during which the detainees were forced to undress and were physically inspected. She also
claimed that the doctor had prescribed a medical examination for her throat, but it had not
been performed.
GE.09-17655
43
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