UN torture prevention body concludes visit to Argentina

GENEVA (4 May 2022) – Argentina has progressed in the prevention of torture through the creation of the National Committee for the Prevention of Torture and other mechanisms that act at the provincial and federal levels, UN human rights experts said today after visiting the country.

“We are pleased to have met with the Minister of Justice and Human Rights and other government officials. We have shared with them our preliminary findings after visiting numerous places where people are deprived of their liberty,” said Carmen Comas-Mata, who led the five-member Delegation of the UN Subcommittee on Prevention of Torture (SPT).

Argentina ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) in 2004, and the SPT carried out its first visit to the country in 2012.

During this second visit, from 20 to 30 April 2022, the experts noted the persistence of serious concerns such as the systematic use of pre-trial detention and the fact that a large number of people are being held in detention, including for very long periods of time. The SPT was also concerned about overcrowding and observed deplorable living conditions in many places of deprivation of liberty.

The SPT will share its report with Argentina, which will remain confidential until the State decides to make it public.

Under its mandate, the SPT undertakes visits to all States parties to the Optional Protocol. It carries out unannounced visits to places where people are deprived of their liberty. To date, the SPT has visited more than 60 countries since 2007, when its preventive work began. The SPT considers that the fundamental element in the prevention of torture and ill-treatment is the establishment of a permanent constructive relationship with the States concerned and with their preventive mechanisms.

The Delegation to Argentina was composed of the Head of the delegation Carmen Comas-Mata Mira (Spain), Patricia Arias (Chile), Marco Feoli Villalobos (Costa Rica), Marie Brasholt (Denmark), and Massimiliano Bagaglini (Italy).

ENDS

Background

To date, the Optional Protocol to the Convention Against Torture has been ratified by 91 states. States are under the obligation to allow the SPT unannounced and unhindered visits to all places where persons are deprived of their liberty. States Parties should also establish a national preventive mechanism, which should conduct regular visits to places throughout the country where people are deprived of liberty.

The mandate of the SPT is to prevent torture and other cruel, inhuman or degrading treatment or punishment of persons deprived of their liberty, through visits and recommendations to States parties to the Optional Protocol. The SPT communicates its recommendations and observations to States by means of a confidential report and, where necessary, to national preventive mechanisms. However, States parties are encouraged to request that the SPT publish the reports.

The SPT is composed of 25 independent and impartial members who are independent human rights experts drawn from around the world, who serve in their personal capacity and not as representatives of States Parties.

Learn more with our videos on the Treaty Body system and on the Subcommittee on Prevention of Torture