A/HRC/13/39/Add.2
99.
The Special Rapporteur is however seriously concerned about the greater
vulnerability of minors to ill-treatment in police stations and consistent allegations of
beatings after arrest, as well as the seemingly excessive use of force and collective
punishment after riots and rebellions in detention facilities for minors. In addition, he
is worried about the conditions of detention in these centres and the punitive
approach of the administration of justice system for juvenile offenders, giving minors
no opportunities for rehabilitation.
100. In general, the use of imprisonment as the first and not the last resort has not
curbed the rates of criminality or prevented recidivism. On the contrary, the great
majority of Uruguay’s prisons are severely overcrowded and the risk of a total
collapse of the penitentiary system is real. The lack of an alternative concept poses a
serious threat of insecurity, violence and deterioration of basic values that severely
impacts society as a whole.
101. Whereas in recent years, some efforts have been made to improve overall
conditions in prisons and prevent overcrowding, the conditions in certain wings of
Libertad and COMCAR amount to inhuman and degrading treatment. The
overcrowding and limited access to medical services is of concern in practically all the
places he visited. There is an urgent need to move away from a punitive penal and
penitentiary system directed at locking people up. A comprehensive reform of the
whole administration of justice system, introducing a new approach aiming at the
rehabilitation and reintegration of offenders in society, must be awarded the highest
priority.
102. The Special Rapporteur welcomes Uruguay’s ratification of OPCAT and the
recent adoption of a law establishing INDDHH, including an NPM. He hopes that the
new institution will build on the work and expertise of the existing mechanism of the
Parliamentary Commissioner to become the most effective means of preventing
torture and ill-treatment in the future.
103. With regard to violence against women, the Special Rapporteur was pleased to
hear about the creation of the National Action Plan on Fighting Domestic Violence
and acknowledges that some first steps have been taken in this regard. He is however
concerned about the delay in its full implementation, leading to a situation where
preventive and protective measures afforded by the State are still inadequate.
B.
Recommendations
104. In the spirit of cooperation and partnership, and encouraged by the first
measures taken shortly after his visit, the Special Rapporteur makes the following
recommendations to the Government, aimed at preventing torture and ill-treatment
and improving prison conditions. He is assured that every effort will be made to
implement them and stands ready to offer his full cooperation and assistance in this
regard.
105.
Reform of the administration of criminal justice system:
(a)
Undertake a fundamental reform of the criminal justice and penitentiary
systems aimed at the prevention of crime and the resocialization of offenders, rather
than focusing on punitive measures and a policy of simply locking up suspected and
convicted criminals;
(b)
Create a Ministry of Justice, responsible for the penitentiary system and
encompassed within the framework of a comprehensive reform of the criminal justice
system;
22
GE.09-17655
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