Deaths in Uruguay’s prisons increased by 79% in 2021, UN Committee warns

RIO DE JANEIRO, BRAZIL – The UN Committee against Torture urged Uruguay on Friday to criminalize torture under Article 1 of the Convention against this cruel act.

The Committee, composed of ten independent experts monitoring the implementation of the Convention, delivered today its conclusions of the fourth periodic report on Uruguay and acknowledged the constructive dialogue held with the delegation of the State party and the information that it provided during the review.

On a positive note, the Committee’s assessment appreciated that Uruguay has ratified or acceded to all the core human rights instruments and their optional protocols and welcomed the adoption of various legislative measures.

KEY LEGAL SAFEGUARDS

The Committee considers that Uruguay must take “effective measures” to ensure that all detainees “enjoy, in law and practice, all the fundamental safeguards” provided by international standards from the first moment they are deprived of their liberty.

In particular, the review lists:

• The right to be assisted without delay by a lawyer;
• To require and have immediate access to an independent medical doctor and, if possible, of their choice, apart from any medical examination that may be carried out at the request of the authorities;
• To be informed of the reasons for their detention and the nature of the charges against them in a language they understand; to have a record made of their detention;
• To promptly inform a family member or a third party of their arrest and be brought before a judge without delay.

The South American nation shall also:

• Ensure the audiovisual recording of interrogations of persons deprived of their liberty;
• Store such recordings in a secure place and under the control of oversight bodies, and make them available to investigators, detainees, and lawyers.

USE OF FORCE BY LAW ENFORCEMENT OFFICIALS

Under this heading, the Committee calls for “legislative and other measures” to ensure that any use of force by law enforcement officials complies with “the principles of reasonableness, necessity, and proportionality”.

It also ensures “prompt, impartial and effective investigations into all allegations of excessive use of force by law enforcement and public security officials” and ensures that alleged perpetrators are brought to justice. If found guilty, it calls for sentences commensurate with the gravity of their acts and adequate compensation for the victims.

It will also seek to ensure “that all law enforcement officers are systematically trained in using force, considering the Basic Principles on the Use of Force”.

PRISON CONDITIONS

The body urges Uruguay “to continue to make progress in improving prison conditions and reducing overcrowding in prisons”. To achieve this, it suggests applying measures that do not involve deprivation of liberty and ensuring respect for the time limits established for the imposition of pre-trial detention.

In particular, it calls for urgent measures to correct deficiencies in prisons, especially in the “water supply in cells, lack of beds, heating and lighting problems and the poor state of electrical installations”.

Outdoor activities, such as physical exercise, rehabilitation, and psychosocial activities, should also be allowed.

Similarly, all probation prevention centers should ensure a strict separation between pretrial and convicted inmates.

DEATHS IN CUSTODY

The United Nations Committee against Torture expressed its concern on Friday about the increase in the number of deaths recorded in prisons during the period under review, which was 79% in 2021.

The review notes a very high number of deaths “due to lack of medical care and treatment” in persons with mental health problems and calls for an “impartial investigation by an independent body” into all deaths in custody.

GENDER-BASED VIOLENCE

The Committee indicates that the State should “ensure that all cases of gender-based violence, especially those involving acts or omissions by authorities or other entities that give rise to the international responsibility of the State party under the Convention”.

These incidents are to be thoroughly investigated, the alleged perpetrators prosecuted and punished when convicted, reparations made to the victims or their families, and statistical data in this area compiled and published.

It must also be ensured that victims of gender-based violence receive the medical care, psychological support, and legal assistance needed, including access to appropriate shelters.

REPARATION

The Committee reminded Uruguay that, under article 14 of the Convention, it is obliged to guarantee victims of torture “redress and the right to fair and adequate compensation”.

The State party should systematically compile information on reparation measures granted by national courts to victims of torture and ill-treatment and implement such measures.

With information from the UN