Open letter to Mr Jose Mujica, President of Uruguay: OMCT’s concern about the situation of children and adolescents deprived of their liberty in Uruguay
Presidentof Uruguay
Mr José Alberto Mujica,
President of Uruguay
Montevideo, URUGUAY
Via: Permanent mission of Uruguay in Geneva
Fax: 022.731.56.50
Email: mission.uruguay@urugi.ch
Geneva, October 4, 2010
Re: OMCT’s concern about thesituation of children and adolescents deprived of their liberty in Uruguay
YourExcellency,
The World Organisation against Torture (OMCT), which coordinates theSOS-Torture network – the largest international network of NGOs fightingagainst torture, summary executions, forced disappearances and all other formsof cruel, inhuman or degrading treatment – is writing to express its deepconcern about the situation of children and adolescents deprived of theirliberty in Uruguay.
Although OMCT recognises that Uruguay is one of the most cooperative countriesin debating and defending children's rights globally, it considers thesituation to be very different where implementing recommendations issued byinternational human rights mechanisms is concerned - in particular with regardto children in conflict with the law. In spite of recommendations made by anumber of these mechanisms in recent years (by the Special Rapporteur onTorture, the Universal Periodic Review, the Committee on the Rights of theChild), the situation of children and adolescents deprived of their liberty hasnot improved; OMCT can confirm that it has, on the contrary, worsened.
Mr President, on the basis of information received from the Instituto deEstudios Legales y Sociales del Uruguay (IELSUR – a member of OMCT'sSOS-Torture network), OMCT has observed a political shift towards therepression of children in conflict with the law. OMCT, in addition to concernsexpressed in recent months (an oral declaration before the UN Human RightsCouncil and the May 2010 Mission), wishes to draw your attention to twopressing matters.
Firstly, OMCT expresses deep concern about various changes to the legislature'sagenda affecting children and adolescents in conflict with the law. Accordingto information received from IELSUR, some legislators are proposing loweringthe minimum age of criminal responsibility from 18 to 16, increasing prisonsentences for children and adolescents deprived of their liberty from 5 to 10years and repealing article 222 of the Children and Adolescents' Code whichstipulates that criminal records of children should be scrapped when they turn18.
OMCT reminds you that all these modifications breach international standards onchildren's rights, such as article 37b of the UN Convention on the Rights ofthe Child which states that deprivation of liberty may only be used as a lastresort and must be for the shortest possible length of time. Furthermore, theUN Committee on the Rights of the Child has consistently stated that allunder-18s, from the moment that they are alleged to have committed an offence,must receive treatment which is in conformity with juvenile justice standards.
In addition, OMCT expresses alarm over plans to house children deprived oftheir liberty in container-like cells which signals declining detentionconditions and a refusal in this way to guarantee children's rights.
OMCT urges Your Excellency to make the most of your office's prestige and theunanimous respect that you enjoy on a personal level to prevent the adoption ofa more repressive law on the detention of children and adolescents in conflictwith the law, and to prevent the approval of plans to imprison children incontainers. In this respect, in order to avoid overcrowding in detentioncentres and the consequent poor conditions, we suggest that files are reviewedwith the aim of identifying children whose sentences could be reduced.
Secondly, OMCT draws your attention to a number of cases of abuse of childrenand adolescents deprived of their liberty which have occurred this year and ofwhich we have been notified by IELSUR. OMCT is particularly concerned about anumber of teenage girls deprived of their liberty in the Centro Femenino deDetención de Montevideo, who were victims of rape and sexual abuse carried outat night on multiple occasions. In this respect, OMCT has received informationthat the centre's director, having been informed of the facts, refused to makethem public and delayed an investigation. It has also come to our attentionthat various officials at the centre who reported these violations are nowsuffering harassment at work. OMCT expresses serious concern that the officeraccused of these violations was allowed to return to work at the centre and toresume contact with the girls the following week.
YourExcellency, OMCT urges you to order the authorities concerned to carry out aneffective, exhaustive, independent and impartial investigation into the rape ofthese girls deprived of their liberty to identify those responsible. Theoutcome of the investigation must be made public and the perpetrators must bebrought before a competent, independent and impartial court and sanctioned asstipulated by law. OMCT also requests that the victims be granted an effectiveremedy and appropriate reparation, including compensation and rehabilitation.
Finally,OMCT encourages you to adopt without delay the most suitable measures toguarantee the security, protection and rights of all children and adolescentsdeprived of their liberty in Uruguay, in addition to the recommendationspronounced on this issue by treaty bodies and other UN human rights mechanisms.
YourExcellency, Mr President, trusting in your respect for human rights, we wouldbe grateful if you could give attention to this matter and hope that you willtake our requests into account.
Eric Sottas,
Secretary General
Copy:
- Ministro del Interior:Sr. Eduardo Bonomi
- Presidente del INAU:Sr. Alejandro Javier Salsamendi Ferreira
- Presidente delParlamento: Sra. Lucía Topolansky
- Presidente de la Cámarade Representantes: Sra. Ivonne Passada
- Presidente de la Cámarade Senadores: Sr.Danilo Astori
- Presidente de la CorteSuprema de Justicia: Dr. Jorge Omar Chediak Gonzales