A/HRC/13/39/Add.2
of committing serious crimes. As a result of the implementation of the Law, approximately
850 persons were released from prison.50
54.
One other element introduced by Law 17.897 was the possibility for detainees who
either worked or went to school to have a sentence reduced.51 Unfortunately, in many
prisons, the availability of doing either is limited or non-existent, particularly in the prisons
located in the metropolitan area of Montevideo, which are the most crowded. Although
Law 17.897 is an important step, the result of this new piece of legislation was not tangible
and its beneficial effects did not materialize in practice.52 Therefore, additional fundamental
changes to the criminal justice system are necessary in order to prevent the entire prison
system from collapsing.53
3.
Psychiatric institutions
55.
Although in general the conditions in the psychiatric institutions visited by the
Special Rapporteur seemed to comply with international standards, these facilities also
suffered from overcrowding and a lack of beds in some institutions. No complaints of illtreatment were received by those deprived of their liberty in such institutions. At Colonia
Etchepare,54 the Special Rapporteur was encouraged to see that the persons confined there
were separated according to their mental disability, rather than to the nature of their
offence. Persons committed to the institution by judicial order shared one of the houses
with other persons who had been committed to stay in the institution through other
procedures. At the psychiatric hospital Vilardebó,55 the slowness of the judiciary was a
major problem, so that some people had to stay there much longer than necessary. In
addition, many of the persons interviewed complained about the lack of activities. The
physical conditions of the two facilities visited by the Special Rapporteur could be
improved and more activities should be offered to persons deprived of their liberty in these
facilities.
56.
According to the medical staff interviewed, and later confirmed by some of the
families of those persons confined there, the use of electro-shock therapy, or “micronarcosis”, as it is called in Uruguay, is used only as a last resort and is performed under
anaesthesia and with the authorization of the patient’s family or legal guardian.
C.
Juveniles deprived of their liberty
57.
The situation of juveniles in detention is alarming. The Code on Childhood and
Adolescence of 2004 (CNA) provides for a specialized judicial system for children between
the ages of 13 and 18 years.56 According to CNA, deprivation of liberty shall only be used
as a measure of last resort and for the shortest period possible.57 Furthermore, it foresees a
number of safeguards with regard to arrest and detention of juvenile detainees, such as:
immediately informing the parents or legal guardians after arrest;58 informing a judge of the
50
51
52
53
54
55
56
57
58
GE.09-17655
A/HRC/WG.6/5/URY/1, para. 83.
Article 13 Law 17.897.
Comisionado Parlamentario, Informe de Actuación y Evaluación del Sistema Penitenciario Nacional,
2007, p. 5. and ibid., 2008, pp. 11 et conseq.
See section III.
See appendix, paras. 95–99.
See appendix, paras. 51–59.
Article 1 CNA.
Article 13 CNA.
Article 46 (1) (A) (d) CNA.
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents