Uruguay
13.05.02
Urgent Interventions
Uruguay: five prisoners found dead by hanging
Case URY 130502
Torture and ill-treatment in prisons
The International Secretariat of the OMCT requests your urgent intervention in the following situation in Uruguay.
Brief description of the situation:
The International Secretariat of the OMCT has been informed about the critical situation of human rights in the prisons Penal de Libertad, department of San José, and Complejo Carcelario « Santiago Vásquez » (Comcar), in the department of Montevideo.
According to the information received from reliable sources, five prisoners appeared dead (by hanging) in the last few weeks: four in the Penal de Libertad, and one in Comcar. Other deaths have occurred in the same penal institutions, adding up to a total of 12 incidents throughout this year.
The reports inform that on March 1st, 2002, near to 535 people that were detained in the prison Penal de Libertad (54 kilometres from Montevideo) began a day of protest to request the authorities to ameliorate the imprisonment conditions. Among these were the amelioration of the conditions of the term, access to medical services, working possibilities, the solution of the problem of over-crowding, and ill-treatment to which they are subjected to. The reports add that, in order to penalize the protesters, the penal authorities decided to stop the electricity, water and food supplies, using the argument that the prisoners had to be “softened or weakened”, so as to avoid further problems or a massacre in case the authorities had to use other methods to regain control of the institution. For years now organisations of human rights have received numerous complains from family members and friends that affirm that the prisoners are frequently the victims of ill-treatment and abuses by officials in the penal institutions.
According to the information, the local newspapers published a list with the names of the leaders of the manifestation, that included details of their penal records. Immediately after this information was made available to the pubic, the bodies of the prisoners Marcos Lemos and Milton Martínez were found dead in their cells. It was reported that the prisoners apparently committed suicide, however the complaint finds unusual that two prisoners had decided to commit suicide on the same day, the same hour, and using the same method (by hanging themselves). It was also noted that the two prisoners were among the leaders of the protesters who requested better imprisonment conditions. Nevertheless, the authorities explained it was about an internal affair among the prisoners.
Later the following detainees were also found dead: Alberto Leonel Ramos (on April 13th 2002), and Gustavo Liber González Vaz, a 28 year-old (on April 18th 2002). Both were found dead in the prison Penal de Libertad, and had presumably committed suicide. On April 22nd 2002, a prisoner whose identity has not been yet made available, was also found hanged in his cell in the Comcar prison.
According to the reports, Mr. Guillermo Stirling, Minister of Interior and responsible for the management of prisons in Uruguay, stated in a radio interview that “he did not think this deaths were going to stop, but he could not do anything to avoid them”. Nevertheless, it has been argued that this deaths could be considered as extra-judicial executions by omission, given that the relevant authorities, the Ministry of Interior and the Director of the Penal Institutions, are responsible for the lives of the prisoners.
The reports add that after the protest some of the detainees were transferred to other penal institutions. However, an uprising occurred in the prison Penal de Libertad, left individual cells and communal rooms destroyed. The remaining prisoners had to live in over-crowed rooms, and sometimes in provisional accommodation outdoors. The conditions have further deteriorated as a consequence of the lack of sanitary services, of cleaning, and the insufficient number of guards and medical personnel. Family visits have been prohibited for a period of 90 days, as well as the delivery of packets of food. Only cigarettes and clothing can be sent by the families, who are increasingly worried, particularly because of the lack of security guarantees to prevent inmates from attacking each other, and the risks of spreading illnesses.
According to the source, a report made by the Technical Direction of the Prison’s Hospital stated that the penal institution was at the verge of an epidemic that could have disastrous consequences. The report warned the authorities and the parliament that “the destroyed infrastructure has led to over-crowding. There is a lack of hygienic services and no place for an infirmary or for medical installations. The lack of cleaning, the impossibility of the detainees to clean themselves, the presence of rodents… have increased the risk of skin diseases (skin eruptions, scabies, louses, among others). The possibility of hepatitis and dengue epidemics has augmented, as well as the propensity of respiratory and sexual illnesses. It is impossible to provide treatment to chronic patients and the situation is aggravated by nervous imbalances suffered by the prisoners…”
The International Secretariat of the OMCT shares the concern of the human rights organisations, among them the Service for Peace and Justice (Servicio de Paz y Justicia) -SERPAJ-, for the security and physical and psychological integrity of the inmates of the Penal Libertad and Comcar prisons.
Required action :
Please write to the authorities in Uruguay urging them to:
i. take the necessary measures in order to guarantee the security and physical and psychological integrity of the detainees in the Penal Libertad and Comcar prisons, in particular to avoid more deaths occurred in the circumstances described above;
ii. provide the right to the restoration of the fundamental guaranties to the detainees, such as access to the basic services, to medical attention, and to family visits, as it is stated in the in the United Nations’ Standard Minimum Rules for the Treatment of Prisoners;
iii. order a thorough and impartial investigation into the circumstances aforementioned and guarantee that those responsible are brought to trial and that the penal, civil and/or administrative sanctions are applied as provided by law;
iv. guarantee the respect for the human rights and the fundamental liberties, in conformity with the national legislation, and the international human rights standards, in particular with the Standard Minimum Rules for the Treatment of Prisoners, and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Addresses:
- Dr. Jorge Batlle, Presidente de la República. Fax.: (+598 2) 203 03 40
- Esc. Guillermo Stirling, Ministro del Interior. Fax. : (+598 2) 902 31 42.
e-mail :ministro@minterior.gub.uy
- Inspector Principal ® Carlos de Avila. Director Nacional de Cárceles
Fax.: (+598 2) 900 79 01
- Inspector José Sande Lima. Director Penal Libertad Fax. : (+598 2) 345 26 63.
- Comisión de Derechos Humanos del Parlamento de la República. Fax. : (+598 2) 924 81 20. e-mail : cdh@parlamento.gub.uy
- Dr. Gervasio Guillot. Presidente de la Corte Suprema de Justicia. Fax. : (+598 2) 902 35 49. e-mail : secguillot@poderjudicial.gub.uy
- Comisario Inspector Carlos Perazza. Director del COMCAR (Complejo Carcelario “Santiago Vázquez”). Fax. : (+598 2) 312 10 37
Please also write to the diplomatic representations of Uruguay in your respective countries.
Geneva, May 13th 2002
Kindly inform us of any action undertaken on the case, quoting the code of this appeal in your response.
Torture and ill-treatment in prisons
The International Secretariat of the OMCT requests your urgent intervention in the following situation in Uruguay.
Brief description of the situation:
The International Secretariat of the OMCT has been informed about the critical situation of human rights in the prisons Penal de Libertad, department of San José, and Complejo Carcelario « Santiago Vásquez » (Comcar), in the department of Montevideo.
According to the information received from reliable sources, five prisoners appeared dead (by hanging) in the last few weeks: four in the Penal de Libertad, and one in Comcar. Other deaths have occurred in the same penal institutions, adding up to a total of 12 incidents throughout this year.
The reports inform that on March 1st, 2002, near to 535 people that were detained in the prison Penal de Libertad (54 kilometres from Montevideo) began a day of protest to request the authorities to ameliorate the imprisonment conditions. Among these were the amelioration of the conditions of the term, access to medical services, working possibilities, the solution of the problem of over-crowding, and ill-treatment to which they are subjected to. The reports add that, in order to penalize the protesters, the penal authorities decided to stop the electricity, water and food supplies, using the argument that the prisoners had to be “softened or weakened”, so as to avoid further problems or a massacre in case the authorities had to use other methods to regain control of the institution. For years now organisations of human rights have received numerous complains from family members and friends that affirm that the prisoners are frequently the victims of ill-treatment and abuses by officials in the penal institutions.
According to the information, the local newspapers published a list with the names of the leaders of the manifestation, that included details of their penal records. Immediately after this information was made available to the pubic, the bodies of the prisoners Marcos Lemos and Milton Martínez were found dead in their cells. It was reported that the prisoners apparently committed suicide, however the complaint finds unusual that two prisoners had decided to commit suicide on the same day, the same hour, and using the same method (by hanging themselves). It was also noted that the two prisoners were among the leaders of the protesters who requested better imprisonment conditions. Nevertheless, the authorities explained it was about an internal affair among the prisoners.
Later the following detainees were also found dead: Alberto Leonel Ramos (on April 13th 2002), and Gustavo Liber González Vaz, a 28 year-old (on April 18th 2002). Both were found dead in the prison Penal de Libertad, and had presumably committed suicide. On April 22nd 2002, a prisoner whose identity has not been yet made available, was also found hanged in his cell in the Comcar prison.
According to the reports, Mr. Guillermo Stirling, Minister of Interior and responsible for the management of prisons in Uruguay, stated in a radio interview that “he did not think this deaths were going to stop, but he could not do anything to avoid them”. Nevertheless, it has been argued that this deaths could be considered as extra-judicial executions by omission, given that the relevant authorities, the Ministry of Interior and the Director of the Penal Institutions, are responsible for the lives of the prisoners.
The reports add that after the protest some of the detainees were transferred to other penal institutions. However, an uprising occurred in the prison Penal de Libertad, left individual cells and communal rooms destroyed. The remaining prisoners had to live in over-crowed rooms, and sometimes in provisional accommodation outdoors. The conditions have further deteriorated as a consequence of the lack of sanitary services, of cleaning, and the insufficient number of guards and medical personnel. Family visits have been prohibited for a period of 90 days, as well as the delivery of packets of food. Only cigarettes and clothing can be sent by the families, who are increasingly worried, particularly because of the lack of security guarantees to prevent inmates from attacking each other, and the risks of spreading illnesses.
According to the source, a report made by the Technical Direction of the Prison’s Hospital stated that the penal institution was at the verge of an epidemic that could have disastrous consequences. The report warned the authorities and the parliament that “the destroyed infrastructure has led to over-crowding. There is a lack of hygienic services and no place for an infirmary or for medical installations. The lack of cleaning, the impossibility of the detainees to clean themselves, the presence of rodents… have increased the risk of skin diseases (skin eruptions, scabies, louses, among others). The possibility of hepatitis and dengue epidemics has augmented, as well as the propensity of respiratory and sexual illnesses. It is impossible to provide treatment to chronic patients and the situation is aggravated by nervous imbalances suffered by the prisoners…”
The International Secretariat of the OMCT shares the concern of the human rights organisations, among them the Service for Peace and Justice (Servicio de Paz y Justicia) -SERPAJ-, for the security and physical and psychological integrity of the inmates of the Penal Libertad and Comcar prisons.
Required action :
Please write to the authorities in Uruguay urging them to:
i. take the necessary measures in order to guarantee the security and physical and psychological integrity of the detainees in the Penal Libertad and Comcar prisons, in particular to avoid more deaths occurred in the circumstances described above;
ii. provide the right to the restoration of the fundamental guaranties to the detainees, such as access to the basic services, to medical attention, and to family visits, as it is stated in the in the United Nations’ Standard Minimum Rules for the Treatment of Prisoners;
iii. order a thorough and impartial investigation into the circumstances aforementioned and guarantee that those responsible are brought to trial and that the penal, civil and/or administrative sanctions are applied as provided by law;
iv. guarantee the respect for the human rights and the fundamental liberties, in conformity with the national legislation, and the international human rights standards, in particular with the Standard Minimum Rules for the Treatment of Prisoners, and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Addresses:
- Dr. Jorge Batlle, Presidente de la República. Fax.: (+598 2) 203 03 40
- Esc. Guillermo Stirling, Ministro del Interior. Fax. : (+598 2) 902 31 42.
e-mail :ministro@minterior.gub.uy
- Inspector Principal ® Carlos de Avila. Director Nacional de Cárceles
Fax.: (+598 2) 900 79 01
- Inspector José Sande Lima. Director Penal Libertad Fax. : (+598 2) 345 26 63.
- Comisión de Derechos Humanos del Parlamento de la República. Fax. : (+598 2) 924 81 20. e-mail : cdh@parlamento.gub.uy
- Dr. Gervasio Guillot. Presidente de la Corte Suprema de Justicia. Fax. : (+598 2) 902 35 49. e-mail : secguillot@poderjudicial.gub.uy
- Comisario Inspector Carlos Perazza. Director del COMCAR (Complejo Carcelario “Santiago Vázquez”). Fax. : (+598 2) 312 10 37
Please also write to the diplomatic representations of Uruguay in your respective countries.
Geneva, May 13th 2002
Kindly inform us of any action undertaken on the case, quoting the code of this appeal in your response.