VZCZCXYZ0011
RR RUEHWEB

DE RUEHMN #0250/01 1261825
ZNR UUUUU ZZH
R 061825Z MAY 09
FM AMEMBASSY MONTEVIDEO
TO RUEHC/SECSTATE WASHDC 8988
INFO RUEHBU/AMEMBASSY BUENOS AIRES 2617
RUCNMER/MESUR COLLECTIVE

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 
------- 
 
¶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 
--------------------------- 
 
¶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 
--------------------------- 
 
¶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 
------- 
 
¶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.