A/HRC/13/39/Add.2
arrest and detention of a minor within two hours;59 a maximum period of police custody of
12 hours; and a mandatory medical examination before any transfer.60 While in principle
the safeguards were respected, the Special Rapporteur was very concerned about consistent
allegations received from the majority of minors interviewed that they were subjected to
beatings and other ill-treatment by the police after their medical examinations were
performed.
58.
The Observer Committee for Adolescents Deprived of their Liberty was established
through article 211 CNA to monitor the situation and conditions of the detention facilities
for adolescents.
59.
In the 1930s, the Government of Uruguay established the juvenile detention and
educational facilities Colonia Berro, located in a rural area about 50 kilometres outside
Montevideo. Colonia Berro comprises various buildings spread over a large area, with
various detention regimes ranging between minimum and maximum security. The detention
centres are administrated by the Uruguayan Institute for Children and Adolescents (INAU),
under the authority of the Ministry of Social Development. Male and female social workers
supervise the juveniles in the detention centres, whereas the police are responsible for
outside security and only intervene in case of riots and rebellions.
60.
The juveniles detained in maximum security facilities in Colonia Berro61 or in the
closed regime of the transfer centre Las Puertas,62 located in Montevideo, are held in
extremely poor conditions. The system of detention is based on a punitive approach. For the
most part, juveniles have no opportunities for education, work or any other rehabilitative
activity, and the boys are locked up for up to 22 hours a day in their cells. In Las Puertas,
the patio for the closed wing was covered by a roof, limiting their access to sunlight. The
sanitary conditions in these centres are also very poor. There are no toilets in the cells,
sometimes forcing the detainees to wait for hours for a social worker to let them go to the
toilet. At the Piedras Home, the detainees have to relieve themselves in bottles and plastic
bags, which they throw out of the window, resulting in a repulsive smell around the
building. A few of the minors interviewed stated that they had to kick the doors and “bark
like dogs” in order to get any attention from the guards. One positive aspect is that those
detainees who behave well are allowed to have a television in their cell.
61.
At least half of the detainees are drug users. In addition, most detainees are given
anti-anxiety (sedative) medication and sleeping pills, based on a 10-minute psychiatric
evaluation. Sedatives are often used as substitution therapy. At Las Puertas, the Special
Rapporteur noticed pieces of fabric hanging from the bars above the door. When he asked
what they were, he was told that several detainees had tried to hang themselves using pieces
of fabric, and the fabric that remained tied to the bars indicated the number of juveniles
who had tried to commit suicide in each cell. The majority of the juveniles in detention had
their arms and chests covered with marks of cuts which were self-inflicted in order to get
attention from social workers and medical staff.
62.
The Special Rapporteur was informed that whenever there are riots or rebellions in
the juvenile detention facilities, the guards leave the premises and the Special Operations
Police Group (GEO) enters the institution in order to quell the violence. This practice is
worrying, as the Special Rapporteur received numerous, consistent allegations of beatings,
shooting with rubber bullets and collective punishments as a result. For the most part, those
juveniles who were able to escape after the riots or rebellions were re-apprehended in a
59
60
61
62
14
Article 46 (1) (A) (b) CNA.
Article 46 (1) (A) (f) and (g) CNA.
See appendix, paras. 4–24.
See appendix, paras. 5–39.
GE.09-17655
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