A/HRC/13/39/Add.2
number of allegations of torture and ill-treatment in police stations that could be proven
beyond reasonable doubt by forensic examinations and other means of evidence.37
38.
The Special Rapporteur was particularly concerned that he found evidence of regular
beatings of minors in police custody and as a form of punishment at juvenile detention
centres, in particular at Las Piedras and Las Puertas. He also received consistent
information that during riots and rebellions, beatings and collective punishments were fairly
common at all the juvenile facilities he visited.
39.
In addition, the Special Rapporteur received numerous credible allegations regarding
ill-treatment as a form of punishment and excessive use of force in prisons. These include
several cases of beatings by police guards at COMCAR and Libertad (see paragraphs 112–
143 and 60–94 of the appendix respectively).
40.
In these cases, the Special Rapporteur appealed to the authorities to ensure that the
allegations were effectively addressed.
B.
Conditions of detention
1.
Police stations
41.
The conditions of detention in some of the police stations visited were poor. The
cells were dark, humid and filthy, and some were in a deplorable state. Some persons,
including minors, were detained in cells that were full of excrement, since the detainees
were not allowed to go to the toilet. However, the Special Rapporteur was encouraged to
see that detainees are only held at police stations for short periods, and are presented before
a judge within 24 or at most 48 hours.
42.
For the most part, the Special Rapporteur found that the registries in police stations
were adequate, although in some police stations registration in the computer system was
delayed. However, at one police station, the Special Rapporteur was shown several
registries which all included different data. Furthermore, he found that the mandatory
medical examination of suspects below the age of 18 years was carried out before the
person was brought to the police station and before the interrogation took place,
undermining the very purpose of the examination.
2.
Prisons
43.
The penitentiary system in Uruguay is under the authority of the Ministry of the
Interior, therefore police officers serve as prison guards. Nine prisons in the Montevideo
metropolitan area are within the jurisdiction of the National Directorate for Prisons, while
the rest are subordinate to the departmental police command structures.
44.
The conditions of detention in prisons have been steadily worsening in the past few
years and overcrowding was a major problem in most of the prisons.38 In this regard, the
Parliamentary Commissioner has repeatedly raised his concerns39 and the Government itself
acknowledged the alarming conditions of detention in 2005 when it declared a state of
humanitarian emergency in the country’s prisons.40 Nevertheless, only a few of the
37
38
39
40
10
See appendix.
Comisionado Parlamentario, Informes de Actuación y Evaluación del Sistema Penitenciaro, 2008, p.
81.
Comisionado Parlamentario, Informes de Actuación y Evaluación del Sistema Penitenciaro, 2005–
2006, 2007 and 2008.
Presidential inauguration address, see www.presidencia.gub.uy/_web/pages/vazquez06.htm.
GE.09-17655
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents