A/HRC/13/39/Add.2
matter of days. Some of them were again subjected to ill-treatment as punishment for their
breakout. Most of the juveniles interviewed by the Special Rapporteur expressed their fear
of reprisals if they complain of ill-treatment. As a result, few formal complaints are made.
63.
Concerning visits, visiting hours seemed to vary between facilities, although in
general, families could visit for several hours a week, meaning the detainees could spend a
few additional hours outside. Nevertheless, visiting restrictions are the most common
sanction for violence or riots, and as a result, the juveniles sometimes spend more than a
month without receiving any visitors. In addition, the remote location of Colonia Berro
makes it difficult for families to visit their children, although some buses for visitors are
regularly organized.
64.
With regard to phone calls, juveniles are allowed to make one two-and-a-half minute
call twice a week. A social worker always listens to the conversations, giving the detainee
no privacy to speak freely.
65.
Chronic understaffing and lack of economic resources are among the many problems
faced by INAU in administering and managing the juvenile detention facilities. A number
of the social workers indicated that they were commonly obliged to cover shifts with less
than half of the required persons, due to the large number of staff who are on sick leave. In
some cases, the juveniles cannot go out to the courtyard because there are not enough
guards to ensure everyone’s safety. In addition, social workers do not receive formal
training before they start working. The Special Rapporteur noted that there was a great
degree of mutual respect between the juveniles in detention and the female social workers.
66.
The Special Rapporteur, referring to the observations and recommendations made by
the Committee on Rights of the Child63 and other bodies, organizations and institutions,64
urges the Government to reform the administration of justice for juvenile offenders. He
stresses that deprivation of liberty of children should be used as a measure of last resort and
detention facilities need to comply with international standards.65 He further recommends
providing specific training for social workers and law enforcement officials assigned to
juvenile detention facilities. In addition, he wishes to underline the importance of
establishing a rehabilitative juvenile justice system allowing detained minors to be in
contact with their families and friends and providing them with meaningful activities as
well as educational programmes.66 He therefore invites the Government to reflect on a
possible replacement of Colonia Berro by detention centres located geographically closer to
the communities and families of detained juveniles and providing for a modern approach to
juvenile crime prevention and rehabilitation.
67.
The Government indicated that the Technical Institute for Juvenile Rehabilitation,
which was the body in charge of the implementation of judicial measures for juvenile
offences, was restructured and is now called the “Implementation System for Measures for
Juvenile Offenders”. Jointly with INAU, this body has developed the structure for a
63
64
65
66
GE.09-17655
CRC/C/URY/CO/2 (5 July 2007), paras. 67 and 68.
Organización Contra la Torture y Comité de los Derechos del Niño, Niños, Niñas y Adolescentes
Privados de Libertad en Uruguay: ¿Con o Sin Derechos?, 2008; Dr. Carlos Uriarte, Psic. Aradna
Cheroni, Psic. Isabel Bisio, Equipo Dirección IN.TE.R.J., Propuesta de Ejecución de Medidas a
Jóvenes en Infracción Desde una Perspectiva de Derechos Humanos, Psicolibros-Waslala,
Montevideo, 2007; UNICEF y Movimiento Nacional Gustavo Volpe, Privados de libertad. La voz de
los adolescentes, 2008.
Rules 1, 2 and 12 of the United Nations Rules for the Protection of Juveniles Deprived of their
Liberty (General Assembly resolution 45/113 of 14 December 1990).
Article 13 ICESCR, article 28 CRC, rules 38, 42 and 59 of the United Nations Rules for the
Protection of Juveniles Deprived of their Liberty.
15
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