A/HRC/13/39/Add.2 25. The examining court is the only competent body that can review a habeas corpus petition concerning allegations of torture or ill-treatment of persons deprived of their liberty.21 3. Complaints and investigations of acts of torture and ill-treatment 26. The Directorate for Internal Affairs, within the Ministry of the Interior, is mandated to investigate abuses or irregularities committed by police officers. According to the information received from the Government, the Directorate does not have specific statistics concerning torture, although the number of general complaints has been on the rise. 27. The Parliamentary Commissioner on Penitentiaries, mandated by Law 17.684 of 2003 to carry out detention monitoring in prisons, may also receive complaints regarding human rights violations, including torture and ill-treatment in prisons (see section 4).22 28. The Special Rapporteur was informed by representatives of various detentionmonitoring mechanisms that, in general, detainees were hesitant to file complaints because of fear of reprisals. In addition, since the Directorate is under the same ministerial authority as the police, police officers have to investigate their colleagues. Consequently, the independence of the investigation is questionable. 4. Prevention of torture and detention-monitoring mechanisms 29. There are currently three mechanisms in Uruguay which monitor the conditions of persons deprived of their liberty. These are the Parliamentary Commissioner on Penitentiaries, the Observer Committee for Adolescents Deprived of their Liberty and the Inspector General for Psychopaths. 30. The Parliamentary Commissioner on Penitentiaries (the Parliamentary Commissioner), established by Law 17.684 of 2003, is mandated to carry out announced (at least 24 hours in advance) general inspections of penitentiary facilities and to give recommendations to the institutions.23 In case the administrative authorities do not implement them, they must explain in writing the reasons for not complying, within 30 days.24 His mandate is limited to adults. 31. The Parliamentary Commissioner may receive complaints regarding violations of the rights of detainees.25 Complaints must be submitted in writing, no later than six months after the occurrence of the act or the accused informs the legal representative.26 The Parliamentary Commissioner shall initiate an informal investigation into the alleged facts and request the corresponding institution or authorities to produce a written report on the alleged facts within 15 days.27 Non-compliance by civil servants with this obligation shall be punished with suspension from service from 3 to 18 months.28 The Commissioner may carry out an unannounced visit to a detention facility in order to investigate a specific complaint,29 and has the power to file habeas corpus petitions.30 21 22 23 24 25 26 27 28 29 30 8 Article 363.4 CPC. Article 2 (D) Law 17.684. Articles 2 (C) and 4 (E) Law 17.684. Article 4 Law 17.684. Article 2 (D) Law 17.684. Article 8 Law 17.684. Article 12 Law 17.684. Article 14 Law 17.684. Article 2 (E) Law 17.684. Article 2 (I) Law 17.684. GE.09-17655

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