Practice Relating to Rule 99. Deprivation of Liberty
Section C. Prompt information on the reasons for deprivation of liberty
Uruguay’s Law on Cooperation with the ICC (2006) states:
48.3. Within 48 hours of the arrest or, if the person is already deprived of his or her liberty, of properly resolving the previous matter, the Supreme Court of Justice, with the notification of the Prosecutor, carries out a hearing in which:
C) It informs the detainee of the reasons for his or her detention and of the details of the request of surrender.
In 2012, in its third periodic report to the Committee against Torture, Uruguay stated:
343. Custody and other measures are implemented in accordance with articles 5 and 11 of Act No. 18026 [2006 Law on Cooperation with the ICC, which includes the criminalization of war crimes]. Article 5 of the Act provides that, where there are reasonable grounds to believe that a person has committed a crime under the Act, and that person is present in the territory of Uruguay or in a place subject to its jurisdiction, the case shall be referred to the competent court, which shall, if the circumstances so warrant and duly informing the Public Prosecutor’s Office, remand the person in custody.
345. Within 24 hours of arrest, the court shall hear the person in custody in the presence of the Public Prosecutor’s Office, at which hearing:
(c) The person shall be informed that there are grounds to believe that he or she has committed a crime or offence under the Act and that he or she will be presumed innocent until proven guilty[.]