CHAPTER IX

CONCLUSIONS AND RECOMMENDATIONS

Conclusions

1. After a careful and objective analysis of the information at its disposal, the Commission has reached the conclusion that a regime exists in Uruguay under which rights recognized in the American Declaration of the Rights and Duties of Man have been violated.

2. The numerous denunciations received from Uruguay and from many other sources which the Commission considers to be reliable, and the Uruguayan Government's responses to the Commission's request for information and recommendations, enable the Commission to affirm that there have been serious violations of the following human rights in Uruguay: the right to life, to liberty, and to personal security; the right to freedom of opinion, expression and dissemination of ideas; the right to a fair trial; the right to due process of law; the right of assembly and association, and the right to vote and to participate in government.

Recommendations

In light of these conclusions and other observations made in this Report, and without prejudice to the action that may be appropriate with regard to the individual cases to which reference has been made, the Commission, in exercise of the powers granted by its Statute, reiterates to the Government of Uruguay that:

1. To adopt the appropriate measures to cooperate with the Commission in a more effective manner, by providing it the documents and information mentioned above, and any other information that the Commission may request in the exercise of its authority.

2. It order a thorough and impartial investigation in order to determine those responsible for the deaths of those individuals who died as a result of torture while being held under detention or arrest, and that it duly inform the Commission of the results of such investigations.

3. It reestablish the prison or case visits made by the Supreme Court, which were suspended by Law Nº 14.493 of December 29, 1975.

4. It exempt, in accordance with its laws, minors of 18 years or younger from application of the Prompt Security Measures and, should they be involved in an allegedly illegal act or acts incompatible with public order, it immediately place them at the disposition of the competent Juvenile Court Judge and confine them in quarters separate from those used for adult detainees.

5. It release, at the earliest possible date, all detainees against whom no charges have been filed, including those detained in application of the Prompt Security Measures, or else immediately submit them to a fair trial and due process of law, should there be legal grounds for such action.

6. It adopt the measures necessary to prevent and curb any abuses committed against detainees.