Following cases of sexual exploitation, judges must “control and monitor” minors at INAU
The Supreme Court ruled that the court that orders the internment of minors should be responsible for periodically monitoring the situations.
Following the case of a 16-year-old girl who died after giving birth to a child who was the result of sexual exploitation in Rivera, the Supreme Court of Justice decided to approve a regulation to control the institutionalization of children and adolescents, which establishes that judges who decide on the institutionalization of minors in the Institute for Children and Adolescents of Uruguay (INAU) have the duty to periodically monitor the situation of these minors.
The resolution is dated July 19 and in its second article it states that “the competent court that has ordered the internment as a protective measure” must “control and monitor the conditions under which it is carried out, as well as the actions taken to overcome the situation that motivates it.”
The article also states that “for such purposes, the office must keep a record with, at least” the name of the child or adolescent; the identity document; the detention center; the file number and the name of his or her defense.
The office then states that “such data must be updated by the office at least once a month in order to monitor the places where children or adolescents are placed.”
On the other hand, it points out that the magistrates “must attend the centers in person at least once every 90 days” in order to “assess the general state of the center and in particular of the child or adolescent under their jurisdiction.”
During the visits, they will be able to “hold interviews or informal exchanges” with the children “in strict compliance with the best interests of the child or adolescent.”
For this purpose, a schedule of visits will be drawn up, although the judge may also visit the centre “without prior notice”.
“If, during a visit or a complaint is made to the court, an unanticipated departure or absence of a child or adolescent is noted, the acting magistrate, in addition to dictating the appropriate measures, must immediately ensure that the competent Prosecutor’s Office has reliable knowledge of this, as well as its defense,” the SCJ document states.
