Feminist Groups in Uruguay Reject Criminal Code Reforms That Could Allow Defense to Request Seizures

A coalition of over 30 civil organizations, predominantly feminist and gender rights groups, has issued a strong statement rejecting proposed amendments to Uruguay's Criminal Procedure Code. The groups express "energetic rejection of the violation of fundamental rights and revictimization, the curtailment of victims' rights, and the lack of progress in key aspects, turning their backs on internationally recognized human rights standards."

The core of the objection lies in proposed modifications that would permit defendants to ask a judge to order the collection of evidence without informing the prosecutor or the reporting victim. Activists contend this represents a significant regression, leaving victims without a voice or participation in crucial stages of legal proceedings. They highlight that victims would be unable to request evidence collection, seek state assistance for investigations, intervene in plea bargain agreements, or appeal decisions regarding pre-trial detention or final sentences.

Gabriel Valentín, a professor of Procedural Law and a member of the Technical Advisory Group for the reform, previously told El País that under current law, defense attorneys cannot access evidence located at a victim's home or in their possession. The proposed reform, however, would allow lawyers to request a judge to order the seizure of such items, even a victim's phone, though Valentín acknowledges this is more theoretically difficult.

"We call for an urgent halt to this regression and for this project to be corrected, which violates victims, expels them from the Justice system, imposes silence upon them, and promotes impunity," the 31 collectives stated in their communique. Valentín defended the proposed changes, emphasizing that coercion requires a judicial order and that the reform aims to grant defense attorneys the ability to request judicial orders for evidence that is currently inaccessible.