A/HRC/13/39/Add.2 of committing serious crimes. As a result of the implementation of the Law, approximately 850 persons were released from prison.50 54. One other element introduced by Law 17.897 was the possibility for detainees who either worked or went to school to have a sentence reduced.51 Unfortunately, in many prisons, the availability of doing either is limited or non-existent, particularly in the prisons located in the metropolitan area of Montevideo, which are the most crowded. Although Law 17.897 is an important step, the result of this new piece of legislation was not tangible and its beneficial effects did not materialize in practice.52 Therefore, additional fundamental changes to the criminal justice system are necessary in order to prevent the entire prison system from collapsing.53 3. Psychiatric institutions 55. Although in general the conditions in the psychiatric institutions visited by the Special Rapporteur seemed to comply with international standards, these facilities also suffered from overcrowding and a lack of beds in some institutions. No complaints of illtreatment were received by those deprived of their liberty in such institutions. At Colonia Etchepare,54 the Special Rapporteur was encouraged to see that the persons confined there were separated according to their mental disability, rather than to the nature of their offence. Persons committed to the institution by judicial order shared one of the houses with other persons who had been committed to stay in the institution through other procedures. At the psychiatric hospital Vilardebó,55 the slowness of the judiciary was a major problem, so that some people had to stay there much longer than necessary. In addition, many of the persons interviewed complained about the lack of activities. The physical conditions of the two facilities visited by the Special Rapporteur could be improved and more activities should be offered to persons deprived of their liberty in these facilities. 56. According to the medical staff interviewed, and later confirmed by some of the families of those persons confined there, the use of electro-shock therapy, or “micronarcosis”, as it is called in Uruguay, is used only as a last resort and is performed under anaesthesia and with the authorization of the patient’s family or legal guardian. C. Juveniles deprived of their liberty 57. The situation of juveniles in detention is alarming. The Code on Childhood and Adolescence of 2004 (CNA) provides for a specialized judicial system for children between the ages of 13 and 18 years.56 According to CNA, deprivation of liberty shall only be used as a measure of last resort and for the shortest period possible.57 Furthermore, it foresees a number of safeguards with regard to arrest and detention of juvenile detainees, such as: immediately informing the parents or legal guardians after arrest;58 informing a judge of the 50 51 52 53 54 55 56 57 58 GE.09-17655 A/HRC/WG.6/5/URY/1, para. 83. Article 13 Law 17.897. Comisionado Parlamentario, Informe de Actuación y Evaluación del Sistema Penitenciario Nacional, 2007, p. 5. and ibid., 2008, pp. 11 et conseq. See section III. See appendix, paras. 95–99. See appendix, paras. 51–59. Article 1 CNA. Article 13 CNA. Article 46 (1) (A) (d) CNA. 13

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