CAT/C/URY/CO/3
(which were ratified by the General Assembly by its resolution 40/32 of 29 November
1985 and by its resolution 40/146 of 13 December 1985).
The Committee recommends that the State party call the attention of the Supreme
Court to the fact that a competent, independent and impartial judiciary that acts in
accordance with the Bangalore Principles of Judicial Conduct (E/CN.4/2003/65,
annex) plays an important role in protecting human rights.
Refugees and training courses
18.
Bearing in mind the State party’s efforts to equip itself with a new legal framework
in respect of migration and asylum, the Committee is concerned by reports indicating that,
despite the provisions of Act No. 18076, women, unaccompanied minors or minors who
have become separated from their families, and victims of torture or traumatization who
request asylum in the State party do not receive treatment that is in accordance with their
specific needs during the refugee-status application process (arts. 3, 10 and 16).
The State party should ensure that it is in full compliance with its obligations in
respect of non-refoulement under article 3 of the Convention. In particular, the
Committee recommends that the State party:
(a)
Strengthen its ongoing training programmes on the protection of
refugees and national asylum laws for immigration officers and border guards;
(b)
Uphold the principle that asylum procedures should remain confidential
and should provide for special consideration for women, minors, victims of torture or
traumatization and other asylum seekers with specific needs.
Abuses committed by peacekeepers
19.
The Committee takes note of the recent conviction at first instance of four marines
from the military contingent sent by Uruguay to serve in the United Nations Stabilization
Mission in Haiti (MINUSTAH) for the assault of a young Haitian man who reported that he
had been sexually abused in 2011 at a military base in Port Salut, Haiti. According to
information supplied by the delegation, the perpetrators of these acts have been discharged
from the Navy, and the judgement, which fixed a sentence of imprisonment of 2 years and
1 month, was appealed in March 2014 and is still under review (arts. 1, 2, 4, 5, 12 and 16).
The Committee urges the State party to ensure that those responsible for such acts are
punished in accordance with the seriousness of their acts, and ensure that victims
receive redress, including just and adequate compensation, and as complete a
rehabilitation as possible, in accordance with the Committee’s general comment No. 3
(2012). The State party should also take steps to prevent a repetition of this type of
abuse in peacekeeping operations, including the provision of specific training on
sexual abuse.
Violence against women
20.
The Committee acknowledges the State party’s efforts to prevent and combat
gender-based violence and underlines the importance of the legislative, administrative and
other measures adopted during the reporting period, as well as the collaboration with civil
society in that regard. Nevertheless, and in spite of the foregoing, the Committee is
concerned by the prevalence of gender-based violence, and particularly domestic violence,
in Uruguay, where 132,206 complaints were filed in respect of this offence between 2005
8
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