A/HRC/13/39/Add.2
precautionary measures which a judge can issue in order to protect the physical and mental
integrity of the victim.71
73.
In compliance with the above-mentioned law, the Government created the National
Plan against Domestic Violence (National Plan), to be implemented between 2004 and
2010. The aim of the National Plan was to prevent, provide care to and rehabilitate those
affected by domestic violence. Unfortunately, the Special Rapporteur was informed that
few of these projected activities have been executed, as the Government is still in the initial
phase of developing the necessary policies for the activities to be carried out and deadlines
for the implementation of the plan were extended. For example, four specialized courts
were created in Montevideo, but none have yet been set up outside the capital.
74.
The Special Rapporteur is concerned about the increasing number of reported cases
of domestic violence in the country, some of them occurring even after precautionary
measures were imposed by the judiciary. A clear example of this trend is that in 2008, five
women were killed as a result of domestic violence, despite the fact that they had obtained
precautionary measures from a judge.
75.
Some of the difficulties faced in effectively addressing domestic violence are the
reluctance of judges to implement the law, the lack of an enforcement procedure or
mechanism for precautionary measures as well as the lack of infrastructure to support
victims of domestic violence. The Special Rapporteur was informed that there are no
shelters for women. Furthermore, while one non-governmental organization provides free
rehabilitation treatment for men, no rehabilitation centres were established by the
Government. Although the Government provided statistics on 18 June 2009 regarding the
more than 300 trials or convictions for domestic violence, there is a lack of statistics
regarding reported cases and the imposition of precautionary measures. Particular concern
was expressed over the possible revictimization of women filing complaints, due primarily
to a lack of awareness, sensitivity or prejudices on the part of police and judicial personnel.
76.
In light of these shortcomings, the Special Rapporteur calls on the Government to
speedily implement the National Plan, in particular to engage in awareness-raising and
capacity-building activities for the judiciary and law enforcement officials and to establish
shelters for victims of domestic violence.72
IV. Administration of criminal justice: underlying causes for
collapsing administration of justice and penitentiary systems
A.
Reasons for deteriorating conditions of detention
77.
Many, if not all, of the problems faced by the penitentiary system and the juvenile
justice system are a direct result of the lack of a comprehensive criminal justice policy.
More than 8,000 persons are currently deprived of their liberty in Uruguay, a rate of 251
per 100,000. This figure makes Uruguay one of the countries in the region with the highest
71
72
GE.09-17655
Article 10 Law No. 17.514.
The Government pointed out that the National Institute for Women began implementing a Pilot
Multidisciplinary Training Programme on Domestic Violence through civil society organizations to
comply with the First National Plan against Domestic Violence. The programme targets judges,
prosecutors, public defenders, health and education professionals, police agents and prison guards,
among others. Members of the judiciary will represent 50 per cent of the people trained.
17
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