Court Overturns Sanction Against Former Prison Director in Morabito Escape Case

Uruguay's Administrative Litigation Tribunal (TCA) has nullified a six-month suspension imposed on the former director of the ex-Central Prison. The ruling came after the tribunal determined that the Ministry of the Interior unduly delayed issuing the sanction, taking nearly four years to act.

The delay proved decisive, as the TCA concluded that the ministry exceeded the statutory timeframe for imposing disciplinary measures. This means the former director will not serve the suspension related to alleged control failures during the escape of Italian mafioso Rocco Morabito.

Morabito, along with three other inmates, escaped from the ex-Central Prison on the night of June 23, 2019. They reportedly climbed to the roof, crossed a neighbor's apartment, and reached the street. The escape exposed significant security lapses within the facility.

“

The state cannot maintain indefinitely an open investigation and sanction an official years later for delays caused by the administration itself.

The internal investigation into the incident began three days after the escape, on June 26, 2019. However, the Ministry of the Interior did not finalize the proceedings and issue the sanction until May 24, 2023. While regulations allow for a two-year period to resolve such procedures, extendable in special circumstances like the health emergency, the TCA found the delay excessive even considering these factors.

The tribunal emphasized that the state cannot indefinitely keep investigations open and sanction officials years later due to administrative delays. The ministry also failed to respond in a timely manner to the lawsuit filed at the TCA, further complicating its position. The former director had previously denied responsibility, citing that she was not on duty during the escape and that external security personnel were responsible for Morabito's watch. She also claimed to have warned about the prison's poor security conditions.

“

When it lets the deadline expire, it loses the possibility of punishing the investigated conduct.