Uruguay Public Defenders Warn Reforms Are 'Symbolic' Without More Resources

The Association of Public Defenders of Uruguay (Adepu) has cautioned that proposed reforms to the Criminal Procedure Code could be largely symbolic if not accompanied by a substantial increase in resources. Appearing before the Senate's Constitution and Legislation Commission, Adepu representatives argued that the Public Defense Office, which handles 90% of criminal cases in Uruguay, is critically understaffed and underfunded.

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the modifications of the Code perhaps will be a salute to the flag.

Adepu President Estefanía Broggi stated that without additional defenders and a technical investigation team, the code modifications might amount to "a salute to the flag." She pointed to a significant disparity in Montevideo, where approximately 28 public defenders face around 130 prosecutors. In some interior regions, the ratio is as stark as one defender for three prosecutors. This imbalance is exacerbated by the fact that prosecutors are supported by professional litigation teams, creating a substantial disadvantage for public defenders in trial proceedings.

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It is fine that the Prosecutor's Office wants to be equipped, but the public defense must be given more resources.

Lucía Long, Adepu's Secretary General, described public defenders as a "counterweight" to the Public Ministry. She noted that in Montevideo alone, the office handles between 50 and 60 individuals daily. Long emphasized that public defenders have been "historically relegated in budgetary matters," leading to a "huge deficiency of positions." She argued that the need for increased funding is persistent, regardless of the reform, and that the "absolute precariousness" of the service impacts the ability to go to trial, potentially contributing to the high rate of abbreviated processes with the prosecution.

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In Montevideo, there are 28 defenders against approximately 130 prosecutors. That is, if public defense is not provided with more public defenders, there will come a time when we will not be able to litigate.

The association also raised concerns about specific aspects of the reform, such as Article 61, which allows police to interrogate detainees. Lawyer Rodrigo López acknowledged a positive element in the provision requiring documentation of read rights but deemed the record-keeping insufficient. He also noted logistical challenges for public defenders to be present during police interrogations, suggesting that the gap between those who can afford private legal teams and those relying on public defenders is widening.

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We have been historically relegated in budgetary matters, which has generated a huge deficiency of positions.