URUGUAY: UN REPORT PUTS PRISON REFORM ON FRONT BURNER

UNCLAS MONTEVIDEO 000250

SIPDIS

STATE FOR WHA/BSC - MARY DASCHBACH

E.O. 12958: N/A
TAGS: PREL PGOV PHUM UY
SUBJECT: URUGUAY: UN REPORT PUTS PRISON REFORM ON FRONT BURNER

Summary
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1. A March report by UN Special Rapporteur for Torture and other
Cruel, Inhuman or Degrading Treatment or Punishment Manfred Nowak
provoked a swift remedial action from the GOU. The prison system
had been a long standing concern in Uruguay and Nowak, a highly
experienced Human Rights expert invited by the GOU, declared that
prison conditions at some Uruguayan facilities are among the worst
he had ever seen. To its credit, the GOU immediately undertook
plans to transfer large numbers of prisoners to alternative
facilities, such as armed forces bases, that can be swiftly
converted. This short term relief is to be complemented by an
exploration of longer-term solutions, including penal reform. Nowak
praised the GOU's constructive approach to dealing with the problems
he identified. End Summary.

No Torture, but Appalling Prison Conditions Nevertheless
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2. Following a five day visit to Uruguay, UN Special Rapporteur
Manfred Nowak presented a report of his findings March 27. Nowak
noted that while he had received only a few, unsubstantiated cases
of torture, he had, nevertheless, received numerous credible reports
of maltreatment in prisons, police stations and juvenile detention
centers. Nowak, who has inspected prisons all over the world,
described the "shocking" prison conditions in some Uruguayan
facilities as being among the worst he had ever seen. He said he
found Libertad Penitentiary particularly appalling, with convicted
prisoners and pre-trial detainees held together "like animals in
metal boxes" for almost 24 hours a day, often drinking from toilets
because of restricted access to water. Nowak reported that bodily
waste was routinely deposited in bottles and plastic bags, which in
the case of the Juvenile detention centre were simply flung out of
the cell door. In the prisons Nowak visited, he found overcrowding
to be chronic, inter-prisoner violence to be high, medical attention
to be limited and prospects for rehabilitation to be practically
nonexistent. Nowak opined the Uruguayan prison system was in danger
of collapse.

The GOU Springs Into Action
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3. Prison conditions have long been a cause for concern in Uruguay.
When the present Frente Amplio (FA) administration came to power, it
sought to alleviate the overcrowding by releasing some low-risk
prisoners. However, steadily climbing crime rates have continued to
increase the pressure on the prison system and conditions have
continued to decline. In 2005, the government created the position
of Prison System Ombudsman that was enacted by law in 2003. Elected
by the General Assembly, the incumbent is responsible for monitoring
and reporting to both Congress and the government on prison
conditions in the 27 detention centers around the country. Office
of the Ombudsman officials completed 118 prison visits last year,
exceeding the annual required plan of 100 visits. The Ombudsman's
yearly reports include statistics on prisoners and their conditions,
as well as updates on prison programs such as education
opportunities, farming, and business ventures.


4. Nowak's report brought the issue of prison conditions back to
the front of the agenda. The GOU, proud of its record on human
rights issues, responded to the issues raised in the report with
renewed vigor. The challenge is significant. The most recent
figures (2007) record that of 3.3 million inhabitants in Uruguay,
roughly 8,000 are presently incarcerated. Judges rarely grant bail
for persons accused of crimes punishable by at least two years in
prison. Although most persons facing lesser charges are not jailed,
a 2008 Amnesty International report records that between 60 and 65
percent of all persons incarcerated were awaiting final decisions in
their cases. Some detainees spend years in jail awaiting trial, and
the uncertainty and length of detention contributed to tensions in
the prisons. Seventy percent of all prisoners are under 35 years of
age.


5. At a special cabinet meeting held just after the report's
release, President Tabare Vazquez announced the need for "immediate
measures." An initial proposal to rapidly transfer 600 prisoners to
the Military Training School at Punta Rieles in Montevideo was
placed on hold however, after engineers assessing the building
(which had previously served as a woman's prison during the military
dictatorship) determined that at least six months of work would be
need to ready the building for the influx of prisoners. On April 14
the GOU announced a broader plan to transfer some 1,250 prisoners to
various alternative locations. In all, four prison will be
affected, but the largest single group, some 550 prisoners, are to
be transferred from Comcar prison (on the outskirts of the
department of Montevideo)to other facilities. Priority is to be
given to 30 women who are presently incarcerated with their young
children. These individuals are to be moved to a large house
provided by the Ministry for social development. Other alternative
locations include the old, soon to be renovated 'La tabla' prison
(also in Montevideo) which, together with the Libertad penitentiary,
is to receive a range of pre-fabricated concrete cells to house the
inmates. Additionally, the GOU is planning to open a psychiatric
unit to help those prisoners with drug addiction and mental health
problems and aims to establish a series of 'half-way-house' day
release institutions for around 450 low-risk prisoners who are close
to completing their sentences.


6. The GOU has faced domestic political criticism from some who
argue that despite decades of complaints, it took an external report
to effect any meaningful change in the nation's prisons. In
presenting his report however, Nowak was quick to praise the GOU's
open attitude. He noted that the Uruguayan authorities had
specifically invited him knowing that it had a problem and had been
highly cooperative in allowing him to gather the data he needed for
the report. While, as President Vazquez noted, the government had
underestimated how bad prison conditions had become, he has
nevertheless ensured that a great deal of political momentum has
been generated to address the issue head-on. The GOU has also made
it clear that it considers prisoner transfer to be a short-term
solution and that deeper reform, including penal reform, new
construction, and alternative detention arrangements may well be
required.

Comment
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7. The issue of crime and punishment is currently a political
lightning rod, as public security ranks at or near the top of
Uruguay's concerns. The GOU's swift response to Nowak's report
seems likely to achieve some important relief from the problems it
highlights. The GOU's apparently sincere efforts to explore
longer-term solutions however, will take time. End Comment.