[prisoner-rights] CAT 33rd session: Committee hears response of Argentina

UNITED NATIONS
Press Release
17 November 2004

The Committee against Torture this afternoon heard the response of Argentina to
questions raised by Committee Experts on the fourth periodic report of that country
on how it is implementing the provisions of the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment.

Responding to a series of questions raised by the Committee members on Tuesday, 16
November, the delegation said creating a register which would record information
from all courts on cases of illegal detention and ill-treatment was considered to be
essential by the Argentine Government. However, in order for it to be a national
register, agreements must be made with the provinces in order for them to provide
information to the federal government.

On the situation of extraditing military officials to foreign countries, a member of
the delegation referred to the Presidential decree in the form of a draft law which
had been sent to Congress for the annulment of impunity for these military officials.

On the disappearance of children, the Government estimated that there were some 500
children who had been separated from their parents when they were abducted from
their houses under the military dictatorship. Of these, 79 had since been located,
the delegation added.

The Committee will submit its conclusions and recommendations on the report of
Argentina towards the end of the session on 26 November.

As one of the 138 States parties the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, Argentina provides the Committee with
periodic reports on the measures it has undertaken to fight torture.

When the Committee reconvenes at 3 p.m. on Thursday, 18 November, it is scheduled to
hear the response of the United Kingdom whose report was presented to the Committee
this morning.




Response of Argentina

Responding to a series of questions raised by the Committee Experts on Tuesday, 16
November, the delegation said that on the subject of creating a register to record
information from all courts on cases of illegal detention and ill-treatment, the
Argentine Government considered the establishment of such a register essential as
well as feasible. Moreover, there were no legal obstacles to making it a reality. In
order for this to be a national register, agreements must be made with the provinces
in order for them to provide information to the federal government.

Concerning the relation between laws which had federal rank with those of local
jurisdiction, the delegation recalled the draft bill that would make torture a
federal offence. The Federal Human Rights Secretary was the body whereby contact
could be made with the province to promote and protect human rights at the local
level; this was a body for coordination of policies between the provinces and the
federal government, among other things.

In response to a question on the situation in the Mendoza prison, the delegation
acknowledged that there was a problem in this prison in terms of overcrowding. Many
persons had died in that prison. In response to this problem, the Government had
taken cautionary measures in terms of increased security, prisoner separation,
health and hygiene.

With regard to the question on the situation of extraditing military officials to
foreign countries, a member of the delegation referred to the Presidential decree in
the form of a draft law which had been sent to Congress for the annulment of
impunity for these military officials. This would in turn make it possible to reopen
more than 300 cases related to human rights violations related to crimes committed
by military personnel. This annulment also allowed for persons to be judged in
national territory.

With regard to the inadmissibility of information received from confessions obtained
by torture in police detention, the delegation affirmed that this provision had been
a part of Argentina's legislation for some time. Moreover, the authority of the
police to detain individuals was established by laws. Among other things, these
rules established temporary time limits for people being brought before justice.

On the subject of preventive detention, the delegation affirmed that all those
people under remand detention had time limits on their detention. The reform
undertaken in 2001 had extended this limit, allowing for further preventive
detention. This was largely due to the demands of society for increased security.

As to the effectiveness of human rights seminars, the delegation said the purpose of
these seminars was to create a framework against impunity and to stress the
responsibility of the police force in abiding by human rights standards.

Concerning the transfer of children from police custody, the delegation referred to
two resolutions which had been passed whereby a time limit was to be applied for the
internment of young people. Of the 296 minors who had been in detention in Buenos
Aires police stations, that figure had been reduced to 81. The aim of the Government
was to do away with all such detentions as per a decision of the Supreme Court and
the State's desire to transfer these young people to special institutions for
minors. The delegation indicated that within 250 days, the special institutions for
young people would be finished and in the future young people would no longer be
housed in police stations in Buenos Aires.

With regard to prostitutes who either went missing or were killed, the delegation
said there had been judicial actions which resulted in 17 persons being detained, 14
of whom were members of the police force in Buenos Aires. All of these 17 were
available for trial and one suspect was currently in administrative detention in
Buenos Aires.

As for the situation of health care in prisons, doctors must have impartiality when
they investigated cases of torture in prisons, the delegation said. There were
difficulties and obstacles for doctors often due to conditions of security. The
Government felt there was a need to examine the situation of security as it applied
to administering health care in prisons.

Concerning the monitoring of sexual violence in prisons, the delegation affirmed
that there had been very few complaints in this area. When there were complaints,
however, assistance was provided by the authorities in terms of interviewing the
victims, separating them from offenders, and offering medical and psychological
support.

With regard to the question on body searches, the delegation said that guidelines
existed for the police on such practices based on the respect of personal dignity.

As to the situation on the possibility of detaining foreigners in Argentina, the
delegation said that in December 2003, the Government had adopted an immigration law
which was in line with international standards and which established that refoulment
orders could be the subject of revision judicially or administratively. The law also
established that after all remedies had been exhausted, the person had 30 days to
file an appeal in cases where asylum was rejected; that would suspend the
implementation of the measures. Moreover, with regard to the legal situation of
asylum seekers in Argentina who had been granted asylum, asylum seekers received
residence permits which allowed them to live in the national territory. Argentina
did not have significant problems in this regard and attached great importance to
the recommendations by the United Nations High Commissioner for Refugees which would
enable it to adopt the appropriate measures in such cases.

Responding to a question on terrorism, a member of the delegation recalled that
Argentina was party to a series of international instruments that dealt with anti-
terrorism.

As for the use of force during demonstrations, the delegation stated that no force
was used in situations where social demands were expressed. The Government had shown
great constraint in these cases while fully recognizing the rights of people to hold
demonstrations. Moreover, the Secretary for Human Rights played a mediation role in
certain conflicts between workers protesting and employers which was an example of
the Government's determination not to use force in such incidents.

On the subject of the disappearance of children, the Government estimated that there
were some 500 children who had been separated from their parents when they were
abducted from their houses under the military dictatorship. Of these, 79 had since
been located, the delegation added. There was also a forensic anthropology team
which was carrying out work to help locate these children and a special governmental
body was created some months ago to further the Government's determination to locate
these lost children.

In response to a question on amnesty laws, the delegation acknowledged that these
laws were incompatible with the Convention and Argentina had asked for these laws to
be annulled. The annulment would mean that these laws would now be as if they never
existed and would make it possible to reopen cases.