A/HRC/13/39/Add.2
B.
The need for a comprehensive reform of the administration of criminal
justice system
83.
The Special Rapporteur was pleased to see that the Government took his preliminary
recommendations made at the end of his mission very seriously, and that initial measures
were announced shortly after his departure. On 13 April 2009, the Council of Ministers
approved a preliminary plan to alleviate overcrowding in prisons, which had been requested
by the President, Dr. Tabaré Vázquez, and planned by the former Minister of the Interior,
Daisy Tourné.80
84.
The plan81 consists of transferring 550 detainees from COMCAR to Punta de Rieles,
a refurbished military facility. An additional 150 detainees would be transferred to a
prefabricated facility near La Tablada and 256 would be transferred to Maldonado. A new
module would be created in Libertad to house 360 detainees from Las Latas. Detainees with
psychiatric illnesses and severe drug addictions would be transferred to one of the pavilions
of the Carlos Rossi Colony, and those prisoners over 60 years old, as well as those who
have 48-hour transitional leave would be transferred to a more open facility. Another
priority will be transferring 30 women whose children live with them in prison to a separate
facility. The Special Rapporteur acknowledges the measures undertaken by the Government
to implement his preliminary recommendations; however, he would like to stress the
immediate need to close “Las Latas” and transfer all its detainees to another facility.
85.
On 8 June 2009, a writ of amparo was granted against the Ministry of the Interior,
asking for the closure of Las Latas within 120 days, the elimination of overcrowding in
prisons and the separation of pretrial and convicted detainees, both within a maximum
period of eight months.82 The writ was later revoked by the Appeals Court.
86.
The Special Rapporteur expresses his gratitude to President Vázquez for taking this
important initiative and calls upon the Government to expeditiously follow through. He also
stresses the need to integrate the immediate closure of Las Latas into this plan.
87.
However, while he is impressed by the immediate action taken by the Government,
the Special Rapporteur would like to underline that in order to address the above-mentioned
shortcomings a fundamental reform of the administration of justice system and in particular
the penitentiary system is urgently needed.
88.
The Special Rapporteur is encouraged to hear of the Government’s intention to
create a separate authority for prisons, independent from the Ministry of the Interior. Under
the current system, police officers, who lack any specific training for working with
prisoners, serve as prison guards. Moreover, because of the notoriously appalling
conditions of detention, service in prison is widely considered to be a punishment posting.
The Special Rapporteur would like to emphasize that a prison system under a Ministry of
Justice, possibly to be created, or any other ministry is an important step towards
addressing the challenges posed by the current penitentiary system. Such a shift of authority
in the penitentiary system would likely improve the relationship between detainees and
80
81
82
GE.09-17655
“Tourné afirmó que este Gobierno es el que más ha invertido para mejorar la situación”, at
www.minterior.gub.uy/, 13 April 2009.
The Government pointed out that work to expand Las Rosas prison had already started, including the
construction of 16 individual cells and 80 triple cells; additional space was created in the female
sector of Canelones; and reforms in Libertad prison and COMCAR to allow the gradual elimination
of “Las Latas” continue. The Juan Soler centre was opened near the capital, so as to help reduce the
number of people in COMCAR.
Sentencia Definitiva No. 41/2009, Dra. María Cristina Cabrera, Jueza Letrada de 1º Instancia de lo
Contencioso Administrativo de 1º Turno.
19
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