Uruguay
Practice Relating to Rule 100. Fair Trial Guarantees
Uruguay’s Law on Cooperation with the ICC (2006) states:
26.2. Persons and objects affected by the war crimes set out in the present provision are persons and objects which international law protects in international or internal armed conflict.
26.3. The following are war crimes:
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6. Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial; or subjecting him or her to punishments ... without previous judgment by a regularly constituted court affording all the judicial guarantees which are generally recognized as indispensable.
Uruguay’s Law on Cooperation with the ICC (2006) states:
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:
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D) It informs the detainee that he or she is presumed innocent while his or her guilt has not been proven before the International Criminal Court.
In 2003, in its second periodic report to the Committee on the Rights of the Child, Uruguay stated that “article 74 of the Children and Adolescents Code establishes a range of guarantees of due process such as: … the presumption of innocence”.
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:
A) It notifies the detainee of the designation of the counsel of his or her own choosing subject to the warning that he or she would otherwise have legal assistance assigned to him or her.
In 2003, in its second periodic report to the Committee on the Rights of the Child, Uruguay stated that “article 74 of the Children and Adolescents Code establishes a range of guarantees of due process such as: … the right to a defence”.
In 2003, in its second periodic report to the Committee on the Rights of the Child, Uruguay stated that “article 74 of the Children and Adolescents Code establishes a range of guarantees of due process such as: … the principle of a reasonable duration of the proceedings”.
Uruguay’s Law on Cooperation with the ICC (2006) states:
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:
…
B) It nominates an interpreter if the detainee cannot express him- or herself in the Spanish language.
In 2003, in its second periodic report to the Committee on the Rights of the Child, Uruguay stated that “article 74 of the Children and Adolescents Code establishes a range of guarantees of due process such as: … the right to free assistance of an interpreter if the defendant does not speak the official language sufficiently well”.
Uruguay’s Law on Cooperation with the ICC (2006) states:
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:
…
D) It informs the detainee that he or she … is not obliged to incriminate him- or herself or to plead guilty and that he or she may remain silent without such silence being a consideration in the determination of guilt or innocence.
In 2003, in its second periodic report to the Committee on the Rights of the Child, Uruguay stated that “article 74 of the Children and Adolescents Code establishes a range of guarantees of due process such as: … the right to challenge any injurious judicial statements”.