A/HRC/13/39/Add.2
25.
The examining court is the only competent body that can review a habeas corpus
petition concerning allegations of torture or ill-treatment of persons deprived of their
liberty.21
3.
Complaints and investigations of acts of torture and ill-treatment
26.
The Directorate for Internal Affairs, within the Ministry of the Interior, is mandated
to investigate abuses or irregularities committed by police officers. According to the
information received from the Government, the Directorate does not have specific statistics
concerning torture, although the number of general complaints has been on the rise.
27.
The Parliamentary Commissioner on Penitentiaries, mandated by Law 17.684 of
2003 to carry out detention monitoring in prisons, may also receive complaints regarding
human rights violations, including torture and ill-treatment in prisons (see section 4).22
28.
The Special Rapporteur was informed by representatives of various detentionmonitoring mechanisms that, in general, detainees were hesitant to file complaints because
of fear of reprisals. In addition, since the Directorate is under the same ministerial authority
as the police, police officers have to investigate their colleagues. Consequently, the
independence of the investigation is questionable.
4.
Prevention of torture and detention-monitoring mechanisms
29.
There are currently three mechanisms in Uruguay which monitor the conditions of
persons deprived of their liberty. These are the Parliamentary Commissioner on
Penitentiaries, the Observer Committee for Adolescents Deprived of their Liberty and the
Inspector General for Psychopaths.
30.
The Parliamentary Commissioner on Penitentiaries (the Parliamentary
Commissioner), established by Law 17.684 of 2003, is mandated to carry out announced (at
least 24 hours in advance) general inspections of penitentiary facilities and to give
recommendations to the institutions.23 In case the administrative authorities do not
implement them, they must explain in writing the reasons for not complying, within 30
days.24 His mandate is limited to adults.
31.
The Parliamentary Commissioner may receive complaints regarding violations of
the rights of detainees.25 Complaints must be submitted in writing, no later than six months
after the occurrence of the act or the accused informs the legal representative.26 The
Parliamentary Commissioner shall initiate an informal investigation into the alleged facts
and request the corresponding institution or authorities to produce a written report on the
alleged facts within 15 days.27 Non-compliance by civil servants with this obligation shall
be punished with suspension from service from 3 to 18 months.28 The Commissioner may
carry out an unannounced visit to a detention facility in order to investigate a specific
complaint,29 and has the power to file habeas corpus petitions.30
21
22
23
24
25
26
27
28
29
30
8
Article 363.4 CPC.
Article 2 (D) Law 17.684.
Articles 2 (C) and 4 (E) Law 17.684.
Article 4 Law 17.684.
Article 2 (D) Law 17.684.
Article 8 Law 17.684.
Article 12 Law 17.684.
Article 14 Law 17.684.
Article 2 (E) Law 17.684.
Article 2 (I) Law 17.684.
GE.09-17655