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Argentina Implementation of the United Nations Convention Against Torture and Other Cruel, Inhuman Or Degrading Treatment Or Punishment

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Argentina Implementation of the United Nations Convention Against Torture and Other Cruel, Inhuman Or Degrading Treatment Or Punishment ARGENTINA IMPLEMENTATION OF THE UNITED NATIONS CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT General Introduction On 16 and 17 November 2004 the United Nations Committee against Torture met in Geneva to examine Argentina’s fourth periodic report (CAT/C/55/Add.7) on the implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by the State of Argentina, at its 622nd and 625th meetings. Conclusions and recommendations were subsequently adopted by the Committee (CAT/C/CR/33/1). UN treaty bodies, such as the Committee against Torture (the Committee) hold governments directly accountable for compliance with their obligations under international human rights treaties. Since 1987 Argentina is State party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention), which prohibits the use of torture and other cruel, inhuman or degrading treatment or punishment. Amnesty International presented a submission on its concerns relating to torture and ill- treatment for consideration before the Committee. The submission outlined concerns at the continuous reports of torture and ill-treatment of individuals detained by members of the security force, including minors, complaints of cruel inhuman or degrading treatment in prisons and detention centres and the lack of prompt, independent, exhaustive and conclusive investigations into such complaints. Amnesty International’s submission included a Partial List of cases of torture and ill-treatment including 36 incidents of torture and ill-treatment affecting over 233 individuals. Amnesty International has not received information regarding the start, progress or outcome of investigations into most of the 233 cases included in the Partial List.1 In spite of assurance received by a delegation of Amnesty International who visited Argentina in February 2002, from provincial authorities indicating steps to improve the prisons system and to put an end to ill-treatment, and of public statements by the Buenos Aires Province Governor opposing the practice of torture, Amnesty International continues to be concerned about reports of torture and ill-treatment by members of the security forces. Although there have been some investigations, legal action and convictions, most cases continue unresolved 1 See Appendix I – Partial list of cases of torture and ill-treatment which have been publicly reported. The list features cases from 2000 to 2004. It also includes three cases from 1988, 1991 and 1996 whose judicial investigations were completed only in 2002 and 2003. AI Index: AMR 13/001/2005 Amnesty International January 2005 2 Argentina: Implementation of the United Nations Convention against torture and little progress has been made in the investigation of complaints submitted some years ago. The inadequate investigation of complaints of torture fails to comply with provisions of the Convention against Torture. Since the last CAT examination in November 1997, Argentina has adopted several international agreements demonstrating its interest in protecting human rights. However, Amnesty International considers that there are reasons for concern about the Argentine State’s compliance with the Convention against Torture, despite the judicial initiatives and ratification of international instruments that indicate the interest of the Argentine authorities in taking effective measures to prevent and eradicate torture throughout the national territory. This Amnesty International external document provides the full text of Amnesty International’s submission to the Committee against Torture for its examination in November 2004 of the fourth periodic report submitted by the Argentine State. It also includes in Appendix III the full text of the Conclusions and Recommendations of the Committee against Torture.2 The Committee session The Committee against Torture sessions held on 16 and 17 November 2004 to consider the fourth periodic report of Argentina were attended by a delegation lead by the Chief of the Cabinet of Advisers for the Secretary of Human Rights in the Ministry of Justice, Security and Human Rights, Dr. Rodolfo Mattarollo, and included the Director of the Human Rights Office of the Province of Buenos Aires, Sr. Remo Carlotto; the National Head of the Prisons’ Service, Sr. Francisco Mugnollo; representatives of the Ministry of Justice and the Office of the Secretary of Human Rights of the Ministry of Foreign Affairs as well as representatives of the Permanent Mission of Argentina to the United Nations Office at Geneva. Representatives from the Argentine non-governmental human rights organization Centro de Estudios Legales y Sociales (CELS), Centre for legal and Social Studies were present at the sessions. CELS and lawyers human rights defenders from the Province of Mendoza submitted alternative reports for the consideration of the Committee. Conclusion and Recommendations of the Committee At the end of November 2004 the Committee made public its conclusions and recommendations. The Committee welcomed Argentina’s fourth periodic report, noting that it was submitted two years after the due date of June 2000. The Committee expressed appreciation to the constructive dialogue established with the high-level delegation and thanked the delegation for its frank and direct answers to the questions posed by the Committee. 2 Argentina: Conclusions and Recommendations of the Committee against Torture, Thirty-third session, 15-26 November 2004 (CAT/C/CR/33/1/). The document is available in English and Spanish. Amnesty International January 2005 AI Index: AMR 13/001/2005 Argentina: Implementation of the United Nations Convention against torture 3 Positive aspects The Committee underlined a number of positive aspects including the efforts made by Argentina to combat impunity in respect of crimes against humanity committed under the military dictatorship. In this context, the Committee pointed out at legislation passed in September 2003 declaring the “Due Obedience” and “Full Stop” Laws null and void; the initiation of a significant number of judicial investigations into cases of past human rights violations; and the repeal of the executive decree No. 1581/01 rejecting request for extradition in cases involving serious human rights violations committed during the military government. The Committee also welcomed the ratification of the Optional Protocol to the Convention in November 2004; the ratification of the Rome Statute of the International Criminal Court in February 2001; the promulgation in January 2004 of the new Migration Act, No. 25.871, which lays down, inter alia, that a foreigner may be detained only by a judicial authority. It also welcomed the work accomplished by the National Commission for the Right to an Identity, which was entrusted with the task of locating children who “disappeared” under the military government. Areas of Concern In its areas of concern the Committee underlined 13 points. These included the lack of proportion between the high number of reports of torture and ill-treatment and the very small number of convictions for such offences, as well as the unjustifiable delays in the investigation of cases of torture, all of which, the Committee stated “contributes to the prevailing impunity in this area”. The Committee established in its areas of concern the repeated judicial practice of treating the crime of torture as a minor offence “such as unlawful coercion” which carries a lesser punishment, when in fact such actions should be categorized as torture. It expressed concern at the “uneven application of the Convention in the various provinces of the state party”, establishing that the State party’s Constitution grants the Convention the same status as the Constitution itself. The Committee noted with concern inter alia: the reports of arrests and detention of children, most of them “street children” and beggars and the alleged torture and ill-treatment they suffered, in some cases leading to death; the allegations of torture and ill-treatment of certain other vulnerable groups such as members of the indigenous communities, sexual minorities and women; the overcrowding and poor physical conditions prevailing in the prisons; and the high number of persons being held in pre-trial detention. Amnesty International January 2005 AI Index: AMR 13/001/2005 4 Argentina: Implementation of the United Nations Convention against torture Recommendations The Committee recommended that “the State party should take all necessary steps to prevent acts of torture and ill-treatment in the territory of the State of Argentina”, and underlined 19 specific recommendations to the state of Argentina including to: Take vigorous steps to eliminate the impunity of the perpetrators, carrying out prompt, impartial and exhaustive investigations, try, and where appropriate, convict the perpetrators of torture and ill-treatment, imposing appropriate sentences and properly compensating the victims; Guarantee that the obligations arising from the Convention will always be fulfilled in all provincial courts, ensuring its uniform application throughout the country. The Committee reminded the State party that the State’s international “responsibility is borne by the State at the national level even when violations have occurred at the provincial level”; Organize a national register of information from domestic courts on cases of torture and ill- treatment; Guarantee that, as
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