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* For the initial report submitted by the Government of Argentina, see CAT/C/5/Add.12(Rev.1) ; for its consideration by the Committee, see CAT/C/SR.30-31 and Official Records of the General Assembly, forty-fifth session, Supplement No. 44 (A/45/44), paras. 150-174.
For the second periodic report, see CAT/C/17/Add.2 ; for its consideration by the Committee, see CAT/C.SR.122 and 123 and Official Records of the General Assembly, forth-eighth session, Supplement No. 44 (A/48/44), paras. 88 to 115.
For the third periodic report, see CAT/C/34/ADD.5 ; for its consideration by the Committee, see CAT/C/SR.303 and 304 and Official Records of the General Assembly, fifth-third session, Supplement No. 44 (A/53/44), paras. 52-69.
The information submitted in accordance with the consolidated guidelines for the initial part of reports of States parties is contained in document HRI/CORE/1/Add.74.
The annexes to the present report submitted by the Government of Argentina may be consulted in the Secretariat files.
Paragraphs
I. Introduction...........................................................................
1
II. Part One: Information on new measures and new
developments
relating to the implementation of the
Convention............................................................................
2 – 562
Article 2.................................................................................
2 – 34
Article
3.................................................................................
35 – 43
Article
4.................................................................................
44 – 45
Article
5.................................................................................
46 – 84
Article
6.................................................................................
85 – 97
Article
7.................................................................................
98 – 99
Article
8.................................................................................
100 – 103
Article
9.................................................................................
104 – 118
Article
10...............................................................................
119 – 208
Article
11...............................................................................
209 – 336
Articles
12 and 13..................................................................
337 – 405
Article
14...............................................................................
406 – 485
Article
15...............................................................................
486 – 560
Article
16...............................................................................
561 – 562
III. Part Two: Additional information requested by
the
Committee.............................................................................
563 – 665
IV. Part Three: Compliance with the Committee’s conclusions
and
recommendations.............................................................
666 – 689
ANNEXES
I. Act 24.660 on execution of custodial sentences
II. Act 24.767 on cooperation in criminal matters
III. Decree 1581/2001 establishing the doctrine to be applied in respect of requests for judicial assistance or extradition submitted by foreign courts
IV. Decree 583/98 granting the extradition and immediate
handing over to
Decree 980/98 acceding to a request for the extradition of a Croatian
citizen submitted by the
V. Decree 303 approving the new regulations applicable to accused persons housed in
prison units belonging to the Federal Prison Service
VI. Survey of detention facilities and prisons in
the
VIII. Act 25.434 on powers and duties, and limitations thereto, of officials of the police or security forces
IX. Report of the Office of the Government Procurator for the Prison System on the situation of prison establishments
X. Information on cases relating to the
XI. Act 25.430. Amendment of provisions on maximum duration of pre-trial imprisonment
XII. Statistical data on offences committed, compiled by the Office of the Procurator-General of the Nation on the basis of information supplied by various
prosecutors’ offices
XIII. Systematic review, prepared by the Office of the Procurator-General of the Nation, of cases detected, by police unit involved
XIV. Plan for a study on torture to be conducted by the Federal Human Rights Council
XV. Cases brought before the judiciary of the
XVI. Cases brought before the judiciary of the
XVII. Cases brought before the judiciary of the
XVIII. Cases brought before the police of the
XIX. Cases brought before the judiciary of the
XX. Cases brought before the judiciary of the
XXI. Decisions of principle and resolutions of the Office of the President
of the Supreme Court of Justice of the
I. INTRODUCTION
1. This
report has been prepared in accordance with the general guidelines regarding
the form and contents of periodic reports to be submitted by States Parties,
adopted by the Committee at its 85th meeting (sixth session)
on 30 April 1991 and revised at its 318th meeting (twentieth
session) on 18 May 1998 (CAT/C/14/Rev.1).
AND
Article
2
2. With regard to the constitutional
provisions that grant recognition to the rights protected by the Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
and without prejudice to the information already provided in the core document
of the Argentine Republic (HRI/CORE/1/Add.74), it is important to note that
article 75, paragraph 22 of the amended Constitution of 1994 gave
treaties precedence over laws and conferred constitutional rank on 11 human
rights instruments, including the Convention. Under the amended Constitution
the Convention enjoys constitutional rank, does not rescind any article of
Part One of the Constitution, and must be considered as complementing
the rights and guarantees recognized by that instrument. The wording of article 75,
over and beyond what is expressly recognized by the national courts and the
Supreme Court of Justice of the Nation, indicates with absolute clarity the
possibility of its being invoked before the judicial authorities of the Republic.
3. In the judgment handed down in
April 1995 in the appeal case of Giroldi, Horacio David and others
the Supreme Court of Justice of the Nation stated as follows:
That the constitutional rank enjoyed, as already
stated, by the American Convention on Human Rights has been established by
the express wish of the constituent organ, under the conditions of its applicability
(art. 75, paragraph 22.2), i.e. inasmuch as the said Convention
is effectively in force at the international level and with particular regard
to its effective application through case law by the competent international
courts for its interpretation and enforcement.
It follows therefrom that the afore-mentioned
case law must serve as a guide for the interpretation of the provisions of
the Convention to the extent that the
Consequently, this Court, as the supreme organ
of one of the branches of the federal Government, is responsible so far as
its jurisdiction extends for applying the international treaties to which
the country has adhered on the terms set forth above, since otherwise the
responsibility might fall upon the nation vis-à-vis the international community.
[...]
That is follows from the above that the solution
hereby adopted will make it possible, from the viewpoint of the guarantees
to be provided in criminal procedure, to honour to the full the commitments
entered into in regard to human rights by the national State.
4. In this connection, in accordance with the doctrine set out in the decision of the Inter-American Court of Human Rights in the Barrios Altos case, it must be recalled that "the origin of the international responsibility of the State may rest on any act or omission of any of the powers or agents of the State (whether of the Executive, or of the Legislative, or of the Judiciary)". [1]