Guidance

Uruguay: in prison abroad

Updated 4 July 2023

© Crown copyright 2023

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This publication is available at https://www.gov.uk/government/publications/uruguay-prisoner-pack/uruguay-in-prison-abroad

Chapter 1: Key points

Overview

If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you. However, we cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer.

Information about who we can help, including the circumstances in which we can assist dual nationals, is available at support for British nationals abroad. You can also request a paper copy from consular staff.

This information pack aims to give you, and your family and friends, information about the local system in Uruguay and who can help. Consular staff can provide a printed copy to those in prison or in custody. We welcome feedback to help us improve the information we provide to others.

Contacting us

If you are arrested or detained in another country:

  • the authorities should ask whether you want them to contact the British embassy, high commission or consulate (and must do so if you want them to)
  • if they do not ask, you can make the request yourself. You should do this if you are charged with a serious offence or need any kind of assistance
  • friends or family can also contact the local British embassy, high commission or consulate or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000

In some countries, the authorities might notify the British embassy, high commission or consulate even if you do not want anyone to know that you have been arrested. This is because there may be an agreement in place with the British government which requires a mandatory notification to be made.

Who we are

Consular staff work in the Foreign, Commonwealth & Development Office in the UK, and in British embassies, high commissions and consulates overseas.

Contact details for the British Embassy in Uruguay:

Consular section
British Embassy Montevideo
Marco Bruto 1073
Montevideo
11300

Tel: +598 2622 3630

Write to us:

You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office on +44 (0)20 7008 5000.

What we can do

The FCDO can offer you impartial and non-judgemental help. When we are notified of your arrest or detention, we will aim to contact you as soon as possible, so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions. Our priority is to provide assistance to those British nationals overseas that need our help the most.

In Uruguay, notification by the authorities to the consulate should take place within 24 hours after arrest.

We can also:

  • provide a list of local [English-speaking lawyers and interpreters. See also the information on lawyers and legal aid in the Uruguayan Judicial System section of this guide
  • provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)
  • provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services
  • keep in regular contact with you, either by visiting or by telephone/letter. The frequency of contact will depend on local conditions and your personal circumstances
  • tell the police or prison doctor, with your permission, about any medical or dental problems including medication
  • put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad
  • in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards
  • help to transfer money to you from your friends or family. In places where phone or postal services are not available we can also try to pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you)
  • in some circumstances we may be able to help you apply for a transfer to a prison in the UK

What we cannot do

  • get you out of prison or detention
  • help you get special treatment because you are British
  • offer legal advice, start legal proceedings or investigate a crime
  • pay for any costs because you have been arrested
  • forward you packages sent by friends or family
  • prevent authorities from deporting you after release

First steps

Informing family members

If you want us to, we can tell your family or friends that you have been detained and provide them with information about how to contact you. With your consent, we can also keep them updated on your wellbeing.

If you are not sure about informing your family, we can help you consider what the impact of not doing so might be. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

Informing the UK police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. Information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances when information about you may need to be shared with authorities in Uruguay.

We cannot give legal advice, start legal proceedings, or investigate a crime. However, we can provide information about the local legal system, including whether a legal aid scheme is available. We can also give you a list of local interpreters and a list of local English-speaking lawyers.

You should consider the benefits of local legal representation and discuss all the costs beforehand with the legal representative. We cannot pay your legal or interpretation costs in any circumstance.

Consular assistance: fair treatment

We cannot get you out of prison or detention, or get you special treatment because you are British. If you are not treated in line with internationally accepted standards, we will consider whether to approach the local authorities. This may include if your trial does not follow internationally recognised standards or is unreasonably delayed compared to local cases.

Other organisations that can provide assistance

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families.

Chapter 2: Detention conditions in Uruguay

Visits: friends and family

Who can visit and how to arrange visits

You should consult Uruguay travel advice before you travel to Uruguay for the latest information on safety and security, entry requirements and travel warnings.

Each prison has visiting days and times when family members can visit. You may be allowed extra visits if there are special or compassionate reasons. Visitors must identify themselves when they arrive at the prison by showing an identification document containing a photograph. This is held by the prison and returned at the end of the visit. Depending on the prison visiting schedule, visits can happen 2 or 3 times a week.

What to expect when you visit

Prisoners are usually able to receive one visitor at a time unless they are accompanied by a minor. Visitors enter the prison itself and can spend time with the prisoner in a communal area. Conjugal visits are also often allowed. Visitors will be searched before entering the prison.

What you can take on your visit

Visitors can bring items such as food, ingredients, towels and blankets (light colours only). All bags and parcels will be searched before entry and authorities have the right to withhold any items they think are unacceptable (weapons, knives, alcohol, drugs, clothes made of dark fabric, sunglasses, caps, canned food, fruits, among others). High security prisons have body scanners that all visitors must go through. Attempting to smuggle in prohibited items or bribing a guard can result in prosecution.

Visits: consular staff

We aim to visit you once every 4 months. Consular staff can usually visit a prisoner at any time provided there is prior agreement with the Prison Director. You can also contact us by telephone if necessary. If you experience serious harassment, threats or violence you should report this to the embassy as soon as possible. It is our responsibility to take up allegations of mistreatment against a British national. However, we will only raise concerns with the prison administration if you request that we do so.

You can contact us at any time on matters that concern you at http://www.gov.uk/contact-consulate-montevideo but if it is urgent it may be quicker to ask prison authorities to contact us on your behalf.

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

When you are detained, you will be held in solitary confinement while you are being questioned by the prosecutor. You have the right to be with your lawyer during questioning. You will be required to testify in front of the judge and will be advised to contact a lawyer to accompany you. If you are not able to pay a lawyer, a public defendant will be assigned. They may or may not speak English. You should be entitled to a phone call and are able to request that the police inform the British Embassy of your arrest.

Appearing in court

You will be questioned by the judge in front of your lawyer and the public prosecutor in order to reconfirm all the evidence. With all the information and the assistance of the public prosecutor, the judge will give sentence according to the type of offence.

Read more information about the Uruguayan judicial system in that section of this guide.

Initial arrival at the prison

You will initially be taken to the Central Prison (Cárcel Central) for about 24 hours, where you will undergo a medical check-up and might be interviewed by a psychologist.

You will be taken to the prison that the judge has assigned. Transfers to regular prisons occur twice a week.

Prison: conditions and daily life

Prison conditions in Uruguay are generally poor. The number of inmates in each cell depends on the size of the cell itself and the number of prisoners in that particular prison. Women’s prisons are separate from men’s.

Accommodation

Sentenced prisoners and those on remand (not yet sentenced) are not held separately. Cells are normally shared and overcrowding is a common problem. You may have a bed or a mattress, but blankets and bedding are limited. Washbasins and toilets are available.

Women accompanied by children below the age of 3 can usually stay together although exceptions may apply. The authorities may take children into their care if they cannot stay with their parents in prison .

Food and diet

There is minimal provision of food within the prison. It is provided 3 times a day and is free but the quality is generally poor. Water is available.

Visitors are permitted to bring food and medicines.

Prisoners Abroad has a vitamin programme, which enables the embassy to bulk-buy multi-vitamins for distribution to British prisoners if requested.

Hygiene

Showers are limited in prisons. They are generally communal and conditions are generally poor. Toiletries are not provided by the prison authorities and prisoners cannot buy toiletries in the prison.

Visitors are permitted to bring toiletries and clothing.

Work and study

You can work in paid and unpaid jobs in some prisons. Work is likely to be limited to cleaning, kitchen chores, farm work, baking, making breeze blocks and making wooden furniture. If you have a remunerated paid job, you will only be paid after you have finished your sentence.

Visitors are permitted to bring books. You may be able to request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).

Some prisons offer trade or educational courses. Prisoners interested in those courses are registered and a priority list is made according to their prior level of education and good conduct, among other criteria.

Contact and languages

Contact with other inmates is normally allowed. International prisoners are likely to be put together in the same unit unless they are considered a high risk. Guards do not usually speak English and the prison does not provide language classes.

Some prisons may have a communal telephone that you can use with a phone card. You will have to request this in your prison comforts as you will not be able to buy them within the prison. You may also receive phone calls. Mobile phones are strictly prohibited.

Exercise, leisure and entertainment

Some prisons have work, sport, and studying or cookery sessions among other activities. You should find out which are available to you. Your options may vary if located in Montevideo or the rest of the country.

Climate

The climate in Uruguay is moderate, with mild winters, hot summers and rain throughout the year. You won’t be provided any sort of additional clothing for the seasons.

Religion

Prisoners can be visited by a priest, rabbi or minister of their faith. However, religious ministers are not part of the staff at prisons.

Rules and regulations (including drugs)

The use or sale of drugs will be seriously penalised. Mobile phones are not allowed.

Prison: access to help and services

Receiving money

There are 2 ways you may be able to receive financial assistance while in prison:

  • private funds: deposited to you by your family or friends
  • Prisoners Abroad: depending on where you are detained, if your family cannot support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials (enough for one hot meal a day).

The UK government does not provide financial assistance to prisoners.

Private funds

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family or friends. We are unable to receive payment by credit or debit card, or by cash directly.

The FCDO operates a ‘Prison Comfort’ system for money transfers to prisoners. Ask your family or friends to get in touch with the FCDO to arrange this.

We cannot receive payment by credit or debit card, or by cash.

Prisoners Abroad

Prisoners Abroad may be able to assist you with funding for prison essentials and some medical care if you are not receiving regular funding from other sources.

Medical and dental treatment

While you are detained, the Uruguayan state is responsible for ensuring your basic medical needs are met.

When you arrive in prison, you will be given a general medical examination. You should declare any ongoing medical conditions and medications being taken. If you need a doctor or a dentist you need to make an appointment.

Prisons in Montevideo have a different medical provider than the rest of the country. If you are in prison in Montevideo you will be treated by ASSE, the national public health system. Prisons in the rest of the country have medical cover provided through the police health system.

You will be able to get glasses and prescribed medicines regardless of your location, although there may be a delay in receiving them. Prisoners frequently rely on their families to provide them with medicines. Access to English-speaking doctors is unlikely.

With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also contact your GP in the UK, if the police or prison doctor requests previous medical records and this is in your vital interests.

Letters and parcels

Family and friends will be able to write to you and also send you small parcels. The rules concerning what they can or cannot send differ from prison to prison. Authorised items usually include reading material, toiletries in plastic packaging and clothing. All letters are opened and checked by prison staff before they are given to prisoners. The Consulate is not able to forward mail/parcels to and from the prison on your behalf.

If the parcels are sent from the UK, they have to comply with both UK and Uruguay international shipping regulations.

Telephone calls

You may be allowed to make an international call upon arrival at the prison facility. You may then be allowed 10 regulated minutes per month, although if there is an emergency you may be allowed to make or receive an additional call.

Making a complaint about mistreatment

If you have been mistreated, you should inform consular staff as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and explain any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, try to see a doctor, obtain a medical report and if possible have photos taken of your injuries.

See the additional information section of this guide for information on procedures for making complaints about mistreatment or welfare.

Chapter 3: The Uruguayan judicial system

Overview

Criminal proceedings in Uruguay are conducted in writing, though statements of the accused and witnesses are taken orally and transcribed for the records. These proceedings take place in front of a judge. The Prosecutor’s office is in charge of the investigation and a court will be in charge of judging the case. This means that the Public Prosecutor is not empowered to perform the investigation on its own, though they may participate to a large extent in the investigation process conducted by the judicial Magistrate.

The FCDO cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British, or ask the authorities to waive any penalties.

First steps

What should happen after you are arrested

If you are detained, you will be held in solitary confinement (“incommunicado”) for up to 24 hours when the initial hearing should take place. Your passport and any other documents will be taken away. You will be informed of the charges against you and the police will usually gather evidence and question you.

You are not obliged to answer any questions from the police without a lawyer, so you should ask to see one. You will be questioned by a prosecutor in the presence of your lawyer within 24 hours of being detained.

If you have any questions on the legal aspects of your arrest, contact your lawyer. See our list of local English-speaking lawyers.

How long you can be remanded in custody

The judge should be informed of your case within 4 hours of your arrest.

Prisoners on remand and sentenced prisoners: differences

Prisoners on remand can be located in the same prisons as sentenced prisoners, but in different buildings or sectors. Their rights are the same, and they can remain on remand for as long as the judge takes to conclude the investigation.

After you are charged

Primera indagatoria: primary hearing (formalisation hearing)

In some cases (minor offences, damages) you can reach an agreement with the prosecutor to have a shortened trial if you plead guilty. In this case you will be taken to court the next day for your hearing. During your initial appearance in front of the judge you will be asked to confirm or deny any statements that you may have previously made to the prosecutor. The session also functions as a brief oral examination of the evidence submitted by the prosecutor. The judge will determine whether you:

  1. should be released without charges
  2. indicted under parole (released under certain conditions) (“libertad condicional”)
  3. remanded (kept) in custody pending further investigation (“prisión preventiva”)

Your lawyer or public defendant in case you do not have one, must personally attend the hearing; the judge cannot prosecute any person without the presence of a defence counsel. Until the investigated person is indicted or released, all evidence including any police documents and witness statements are not for public release.

Procesamiento con prisión: prosecution with imprisonment

Persons sentenced for offences which are punished with a minimum of two years or more are not eligible for parole. Drug trafficking (with few exceptions), sex crimes and terrorism are felonies included in these types of offences. Any time served on remand will count as part of your sentence.

Investigation phase

The Public Prosecutor´s Office is the office in charge of investigating the crime, its circumstances and any other matters relating to the offence. During this phase the defence lawyer/public defendant may produce evidence.

Formal accusation

When the investigation is complete, the Public Prosecutor (Fiscal) formally accuses the accused person, or not, based on the evidence presented. The defending legal counsel has the opportunity to contest the accusation and also offer to produce more evidence. The procedural activity happens at the initial hearing, after which the trial begins. The defending lawyer will then be able to introduce evidence and scrutinise evidence presented by the accusing counsel.

Sentencia: sentence

The judge, a different one to the one leading the trial, must hand down the sentence which may be appealed by either side. If appealed, a 3-panel jury will make the final decision once both parties have filed their complaints.

Bail

Bail is available at the discretion of the court. It can only be granted to foreign nationals with the agreement of the Examining Magistrate and the Public Prosecutor. Bail can only be authorised for a sentence under 2 years. It is never granted for drug offences, and it does not mean that foreigners can leave the country.

The FCDO cannot transfer bail funds.

Under the Uruguayan law, a lawyer must be present at the initial hearing. There is free legal aid available in Uruguay. If you cannot afford a private lawyer, 2 public defence lawyers will be appointed by the State, free of charge. The first one will assess you until the trial begins unless an agreement is reached beforehand. The second lawyer will accompany your process from when the trial begins, assist and advise in court throughout the whole process until the final sentence is passed.

If you wish to hire a private lawyer, see our list of English-speaking lawyers. If you decide to hire one you will have to pay for all costs incurred. The British Embassy cannot involve itself in personal disputes over the payment of legal fees. Prisoners Abroad can also supply general (non-country specific) information on legal aid, court proceedings and can advise on appointing a lawyer.

Trial

You will be questioned by the judge in front of your lawyer and the public prosecutor in order to reconfirm all the evidence. With all the information and the assistance of the public prosecutor, the judge will hand down a sentence accordingly.

Sentences

The length of the sentence will depend on the kind of offence. The sentencing can be imprisonment, no imprisonment but with obligations (for example, social work), house arrest whereby you would have to report to a named police station on a regular basis. Sentence time will depend on the offence committed. If the offender is elderly or suffering from an illness the judge may pass a prison sentence but may allow it to be carried out at home. Life sentencing does not exist in Uruguay.

Appeals

Not all cases can be appealed, it depends on the case. Appeals are requested by the public defender by submitting the request to the judge in charge of the case.

Reaching the end of your sentence

Reduction of sentence (remission)

If you decide to work or study while imprisoned, it may or may not reduce your sentence. The decision will rely entirely on your assigned judge, and their resolution will be final. It is also possible to have a sentence reduced for good behaviour.

Early release

Early release is a possibility, as well as transitory outings.

Transfer to another prison within Uruguay

If you have been convicted you will be allocated to a prison to serve your sentence. It is possible to transfer to another prison in Uruguay if local prison directors authorise the transfer. Transfers to other prisons are only permitted when there are exceptional, compassionate or medical reasons for doing so. If you need a transfer, please speak to your lawyer or the Embassy who can raise your request in writing to the prison authorities.

Transfer to a prison in the UK

Uruguay has not ratified any international, multilateral or bilateral convention with the UK concerning the transfer of prisoners serving sentences. We do not currently have a prisoner transfer agreement with Uruguay but may be able to raise individual cases with the authorities for consideration.

Sentences related to terrorism, drugs, human trafficking and abuse of minors are not considered for transfers.

To transfer to the UK, you must:

  • be a British citizen or have close family ties with the UK (normally through permanent residence in the UK)
  • not be awaiting trial
  • have exhausted all appeals against your conviction and/or the length of your sentence; or have waived your right to an appeal
  • have at least 6 months of your sentence left to serve when you apply for transfer
  • have no outstanding fines or other non-custodial penalties

The offence you were convicted for must also be a criminal offence in the part of the UK you wish to be transferred to: England, Wales, Scotland or Northern Ireland.

The authorities in the sentencing country may refuse your request. Even if the sentencing country agrees to your transfer, the UK authorities may also refuse your request. Reasons for this might include if you have not lived in the UK for a number of years or if you have no close family living there.

Release and deportation

If you are released before completing your sentence, it is likely that you will have to stay in Uruguay until the period of time you would have served elapses. See the additional information section of this guide for the details of an NGO that can help with your stay in Uruguay whilst waiting for your sentence to be completed.

According to Uruguayan law, drug trafficking cases will lead to deportation from the country. The Ministry of the Interior (National Directorate for Support to Ex-Prisoners) may provide you with temporary housing until your departure. This aid can only be provided for a maximum of one month, maximum. Local churches may be of help.

If you are going to be deported the authorities will notify the British Embassy and preparations will be put in place for your return.

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. You may not have lived in the UK before and have no connections there, or perhaps you have lost touch with friends and family. You may want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad, you can visit them when you first arrive back in the UK for advice, to use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing.

If you know your release date in advance you should tell the Prisoner and Family Support Team when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Resettlement Service can help with:

  • advice on finding emergency accommodation in the London area
  • claiming welfare benefits, including emergency benefit payments if you are destitute
  • making appointments with doctors and dentists
  • putting you in touch with local agencies if you are not returning to the London area

Later on, you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.

Other sources of practical help back in the UK are:

The Salvation Army

UK Helpline +44 (0)20 7367 4888

Monday to Friday 8am to 4pm, or contact your local Salvation Army branch

The Prison Fellowship

UK Helpline +44 (0)20 7799 2500

Monday to Friday 9am to 5pm

Your criminal record in the UK

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Chapter 4: Additional information

NGOs in Uruguay

Patronato de Encarcelados y Liberados del Uruguay (Association for Prisoners & ExPrisoners)

Provides assistance to foreign prisoners and recently released prisoners. This organisation reports to the Ministry of Interior and Instituto Nacional de Rehabilitación. The kind of help they offer varies according to the case but main areas are finding a job and shelter as well as legal and psychological help.

Phone: +598 2916 9060

Email: pnel@minterior.gub.uy

Nada crece a la sombra

A socio-educational and health program in prisons. Its objective is to support processes of resisting crime, improve coexistence, reduce violence in prisons and promote prison policies. It provides support to both prisoners and relatives by running several wellbeing programs.

Email: hola@nadacrecealasombra.com

Confraternidad Carcelaria Uruguay

Carries out strategic programmes that contribute to the improvement of living conditions in Uruguay, for people released from prison, in association with Prison Fellowship International.

Phone: +598 95 970 660 9am to 6pm Monday to Friday

Email: vidanuevauruguay@hotmail.com

Asociación Civil Gurises Unidos

A civil society organisation committed to defending the human rights of children and adolescents, both nationally and internationally. It supports the most vulnerable communities, including families of prisoners.

Email: gurises@gurisesunidos.org.uy

The National Program for the Care of Foreigners and Migrants Deprived of Liberty (PROEM)

PROEM’s objective is to develop activities and plans focused on socio-educational intervention with the imprisoned foreign and migrant population from a human rights, gender and diversity perspective. Foreign prisoners in all prisons of Uruguay have access to this programme.

Complaints about mistreatment or welfare

You can make a complaint if you feel you have been mistreated in prison or raise this with embassy staff when they visit you. You can report your complaint to the Director of the National Rehabilitation Institute (INR) or the Police Department Chief, if applicable. You can also complain to the Parliamentary Commissioner, the National Institution of Human Rights (INDDHH), and to the courts.

Complaints can be made simultaneously through criminal and administrative channels, more on which explained below. Before starting any action, you should consult with your defence lawyer about the possibility of filing a complaint.

Getting proof of facts can be difficult. You should also take into account the possible reprisals if you make a complaint. For this reason, it is important to have witnesses who can confirm what happened and a medical examination that confirms any injuries.

Reporting does not guarantee that those responsible will be punished if, for example, there is not enough evidence.

Criminal complaint

It is presented before the judicial or police authority, in written or verbal form, by the person concerned (anyone who has knowledge of a crime) or her representative. It must contain a narrative of the events, detailing when and where it happened and identifying all the participants and witnesses. It is also important to include all the elements that prove the facts. The complainant must be identified as anonymous complaints are not allowed.

Administrative complaint

Can be submitted in writing to the director of the facility in which the mistreatment is alleged to have occurred. By putting the complaint in writing there is a record on file of the incident. If correctional officers refuse to receive it, you may send it by mail or hand it to someone when you are visited.

Another possibility is to file a complaint through the Internal Affairs telephone line of the Ministry of the Interior, 0800 5000 (if calling from outside Uruguay, call +598 0800 5000). This telephone number is open from 8am to 8pm Monday to Saturday.

The service receives complaints regarding the police function and provides information on how to proceed to file a complaint. It offers guarantees on the anonymity of the complaints, but there are no material possibilities to follow up on the subsequent police action.

Complaint before the Parliamentary Commissioner for the Penitentiary System

The Parliamentary Commissioner for the Penitentiary System is a technical, non-political, institution of the Legislative Branch. Its main function is to control the validity and respect for the human rights of persons deprived of liberty by judicial decision. It receives complaints and denunciations personally, or through its advisers, in its offices or during visits to prisons.

Jose Artigas Building
Annex of the Legislative Palace
1st basement
Telephones: 142, extension 2211 and 3086, or +598 2924 7180
Office hours: 10am to 6pm Monday to Friday

It is presented in writing signed by the person concerned or the lawyer defending them. It must be filed within six months of the occurrence of the events. It does not require a lawyer’s signature and it is a free service. Communication with the Parliamentary Commissioner is protected and it is prohibited to search, examine or intercept correspondence.

If the complaint is admitted, an informal and quick investigation is carried out to clarify the facts. If there was a crime committed, the Parliamentary Commissioner has the power to make the corresponding criminal complaint.

Complaint before the National Institution of Human Rights and Ombudsman (INDDHH)

The National Institution of Human Rights and Ombudsman is an autonomous state body whose mission is the defence, promotion and protection of human rights recognised by the Constitution and International Law. Among its duties is that of finding out and investigating alleged violations of human rights. They can make visits with or without prior notice to places of detention, request reports, file criminal complaints, habeas corpus or protection.

Juncal 1355
10th floor
Telephone 1948
Office hours: every day of the year by telephone and in person from Monday to Friday from 9am to 5pm.

The complaint is presented in writing or verbally, within 6 months of the occurrence of the events. You must identify the complainant and their address. The data is reserved. It does not require the participation of the defence attorney and it is a free process.

Complaints filed with the INDDHH are also protected. If the complaint is accepted, an investigation is carried out and if there is evidence of the facts, the INDDHH is empowered to file a criminal complaint.

The INDDHH can make recommendations to the prison authorities to protect the victims of the situation. If they are not complied with, the INDDHH may publish the names and positions of the responsible authorities and officials.

Reportable situations:

  • mistreatment during admission as a form of domain
  • excessive use of force to maintain order
  • collective punishment
  • excessive use of force during cell search
  • incitement to violence between persons deprived of liberty by prison officers
  • use of firearms to prevent escape resulting in death
  • comprehensive inspection of the person deprived of liberty after the visit, as a regular form of control
  • denial of family and conjugal visits as a form of sanction
  • refusal to verify evidence and allow the participation of the defence attorney in the face of an alleged offense
  • threats of sanctions as a way to achieve other ends
  • change of cell that puts the physical or/or moral integrity of the sanctioned person at risk
  • poor confinement conditions in isolation cell
  • unjustified limitation of conjugal visitation
  • interception of correspondence sent to the lawyer or the judge
  • restricted access to the monthly minutes enabled for telephone calls
  • restriction to receive packages as a consequence of a sanction
  • restriction on freedom of worship
  • denial of transfer upon request for medical consultation
  • denial of access to private medical consultation
  • serious illness in inhumane housing conditions
  • obligation of the doctor to report attacks by officials on persons deprived of their liberty
  • forced feeding and medical interventions
  • denial without justification of the request for house arrest and other alternative measures in case of illness and/or pregnancy
  • denial of access to healthy food
  • restriction on participation in educational activities
  • denial of temporary exit for work or study
  • denial of the request for early release
  • death due to the non-existence of prevention and contingency measures in the event of accidents

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned abroad. It is the only UK charity providing this service. It is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad supports your health and welfare during your imprisonment. It can also provide support on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family when you are in prison. To access any services, you must first register with Prisoners Abroad by signing and returning their authorisation form.

After you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer varies from country to country, but generally they can provide you with information, in English, on:

  • your rights as a prisoner
  • issues that may affect you such as health or transfer to the UK
  • getting magazines, newspapers, books and the regular Prisoners Abroad newsletter
  • learning the language of your country of imprisonment
  • translating documents
  • grants for food if you are in a developing country and do not have funds from other sources
  • grants for essential medicines and toiletries if you do not have funds from other sources
  • preparing for release
  • help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting
  • freepost envelopes to help you stay in touch with others

Prisoners Abroad

Prisoners Abroad UK helpline +44 (0)20 7561 6820 or 0808 172 0098
Mondays to Fridays 9:30am to 4:30pm (UK time)
89 to 93 Fonthill Road
London
N4 3JH
UK

Glossary of terms

English term Translation
Abrogation (annulment / cassation) Casación / revocación
Access to file (by Lawyer) Acceso al expediente
Accomplice Cómplice
Accused (with charges) Imputado
Acquitted Absuelto
Adjudication Fallo / sentencia
Administration of justice Administración de Justicia
Amnesty Amnistía
Anti Narcotics Police Station Jefatura de Antinarcóticos
Appeal Apelación
Appeal for error Apelar por error
Appeal or complaint Apelación o queja
Application Solicitud
Application forms (prison) Formulario de solicitud (prisión)
Army Ejército
Assessment of evidence Evaluación de pruebas y evidencias (pruebas materiales, testimoniales y documentales)
Blood test Examen de sangre
Board of prison governors Comité
Cell Celda
Charge Acusación / alegato
Chief Prosecutor Fiscal Superior
Civil party in criminal trial Parte civil en juicio penal
Clemency Indulto
Complaints system Sistema de denuncias / demandas
Completed file Expediente completo
Compulsory prosecution Enjuiciamiento obligatorio
Consent Consentimiento
Convicted Condenado / sentenciado
Conviction Condena / sentencia
Corporal Cabo / corporal
Country ban (order issued which prohibits a person who has been deported or expelled from returning) Prohibición de regresar al país
Court appearance Comparecencia ante el tribunal
Court file reference Referencia del expediente del juicio
Courthouse Tribunal / Juzgado
Criminal code Código Penal
Criminal code procedure Código de Ejecución de penas y rehabilitación social
Criminal Court Tribunal Penal
Criminal prosecution Enjuiciamiento penal
Criminal record Antecedente penal
Custody hearing Instrucción Fiscal
Custody order Orden de prisión preventiva
Danger of absconding Peligro de fugarse
Danger of interfering with the course of justice Peligro de interferir con el procedimiento de justicia / procedimiento legal
Danger of repeated criminal offences Riesgo de reincidencia
Deportation Deportación
Deportation order Orden de deportación
Dismiss charges Abolir cargos / descartar cargos o acusación
District Police Station Seccional Policía
Duty of obedience Deber de obediencia
Early freedom Pre-libertad
Escort Escoltar / escolta
Expert Witness Testigo
Expulsion Expulsión
Extradition Extradición
Extradition Treaty Tratado de Extradición
File Expediente
Final public trial Juicio (público)
Greater Criminal Court Suprema Corte de Justicia
Guarding (a prison) Custodia en la prisión
Guilty Culpable
Hand cuffed Esposado
Hearing (first) Primera audiencia
High Court Corte Superior de Justicia
Human rights Derechos humanos
Hunger strike Huelga de hambre
Imprisoned Detenido / encarcelado / recluido
Imprisonment Detención / encarcelamiento / reclusión
Imprisonment after conviction Encarcelamiento después de ser sentenciado / condenado
Indictment Denuncia / acusación / proceso
Insubordination to officer Desobediencia a la autoridad / insubordinación
Interpreter Intérprete
Investigation Investigación / Indagación
Jeopardise Poner en peligro
Judge Juez
Judgement Sentencia / juzgamiento / dictamen
Judgement Final and enforceable Sentencia en firme y ejecutoriada
Jurisdiction (Criminal) Entities Órganos de la Jurisdicción Penal: Corte Suprema de Justicia (CSJ)/ Salas Especializadas de lo Penal de la CSJ / Cortes Superiores de Justicia / Jueces Penales / Tribunales Penales.
Juvenile prison Cárcel de menores
Lawyer Abogado
Lawyer fees Honorarios del abogado
Legal Aid / Pro Bono Lawyer Defensor Público
Legal Clerk Empleado jurídico / legal
Legal remedy Recurso legal
Local prison rules Reglas carcelarias
Local State Court Tribunal Penal
Major offence Delito mayor
Malnutrition Desnutrición
Marital Visit Visita conyugal
Minimal (guilt) Culpabilidad mínima
Ministry of Justice Corte Suprema de Justicia
Minor offence Delito mínimo
Misdemeanour Falta / mala conducta
Mistreatment/ Torture Maltrato / tortura
Money earned in prison Dinero ganado en prisión
Notary Escribano /Escribanía
Officer of the Court Funcionario de la Corte/Juzgado
Opposition Oposición
Out-of-court settlement Resolución
Parole (conditional release) Libertad condicional
Pay off debts Pagar deudas
Penal order Reglamento penal
Penal proceeding Trámite/procedimiento penal
Penitentiary system Sistema penitenciario / carcelario
Permanent (indefinite) detention Detención en firme
Permit, entitlement Permiso / acreditado
Personal money in prison Dinero personal
Physical examination Examen físico
Plaintiff Demandante
Police Headquarters Jefatura
Police Officer Oficial de Policía
Power of Attorney Poder legal
Preliminary detention Aprehensión
Presiding Judge Juez dirigente
Presumption of innocence Se presume inocente
Preventive detention Prisión preventiva
Prison Prisión / cárcel / centro carcelario
Prison administration Administración carcelaria
Prison Assessment Unit Departamento de Diagnóstico y Evaluación Carcelaria
Prison Director Director de la prisión / Centro de rehabilitación
Prison house rules Reglamento interno de la prisión
Prison rules regarding supervised visit Reglas de la prisión referente a las visitas supervisadas
Prison Warden Guía/guardia penitenciario / guardia carcelario
Prisoners Presos / internos (inmates)
Private prosecution Enjuiciamiento privado
Procedural complaint Denuncia procesal
Proceedings Proceso legal
Proof of evidence Pruebas de evidencia
Prosecution Enjuiciamiento/ procesamiento
Prosecutor (Public) Fiscal
Provision Suministro
Public Prosecutor’s Office Fiscalía
Punishment cell Celda de castigo (calabozo)
Raids Requisas
Register (in State) Registro / matrícula
Rehabilitation Rehabilitación
Release Salir en libertad
Release order Orden de libertad / excarcelación
Remand (sending a person accused of an alleged offence into custody to await trial) Detención provisional
Remand prison Centro de detención provisional
Remedy of appeal Recurso de apelación
Remission Perdón / absolución
Repatriation Repatriación / traslado
Representative of the Local Authority Representante de la autoridad local
Riot Motín / disturbio / alboroto
Riot squad Grupo de amotinamiento
Roll call Tomar lista (in the morning and at night)
Security Seguridad
Social Worker Trabajador(a) Social
State officials including prison Warders Trabajadores públicos, incluyendo guardias / guías penitenciarios
Statute of Judicial Organisation Estatuto/Decreto/Reglamento de una organización judicial / legal
Strike Huelga / paro
Sufficient suspicion Suficientes pruebas (fundamentos de imputación)
Surety (money required for a remand prisoner to be released on bail) Fianza
Suspended sentence Sentencia suspendida
Temporary detention Detención temporal
The accused El Acusado
To buy Comprar
To change money Cambiar dinero
To deport Deportar
To file an application Archivar el expediente
Transfer Agreement Acuerdo/ Tratado de Traslado/ de Repatriación
Transfer to another prison Traslado a otra prisión
Treason Alta traición
Uruguayan Prison Service Dirección Nacional de Rehabilitación Social
Valid or legal Válido o legal
Visit permit Permiso para visita
Warden Guardia (guía)
Wing Pabellón 
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Annex: additional guidance

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