COMMITTEE AGAINST TORTURE HEARS RESPONSE OF ARGENTINA

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.