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Background of the implementation of the Protocol the Convention against Torture: Monitoring places of detention and prevention of torture in Uruguay

By Álvaro Garcé García y Santos

Abstract

<p>The ratification of the Optional Protocol of the Convention against Torture had for our country, the significance of an ethical and juridical commitment of giving priority to the prevention of abuses for all the people deprived from liberty who are in jails or in other places of detention, as a consequence of a judicial decision or by virtue of an administrative mandate. Among the obligations established by the said Protocol it is found the one of setting up a National Mechanism of Prevention, technically and economically independent, in charge of the systematic monitoring of the detention centers. The creation of the National Institution of Human Rights, together with the legal mandate the same bears to coordinate its duties with the pre-existing Parliamentary Commissioner, finally brings the certain possibility of fulfilling with the obligations arising from the Protocol. At the same time, the original national solution, unparalleled in the region, implies a series of juridical complexities approached in this work. The cooperation between the two State Institutions involved in the matter, so as to avoid a useless overlapping of duties, brings up a promising future in relation to the prevention of torture in Uruguay.</p

Topics: prevención tortura, lugares de detención, sistema carcelario, cárceles, tortura, Law in general. Comparative and uniform law. Jurisprudence, K1-7720, Social sciences (General), H1-99
Publisher: Facultad de Derecho
Year: 2014
OAI identifier: oai:doaj.org/article:13e9e444425a4afea9d97cbecba148c2
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