E/CN.4/2000/9
page 10
Observations
24.
The Special Rapporteur regrets that, despite his invitation to the
Government to provide the relevant information, it has not seen fit to indicate
any action being taken in these cases to investigate the allegations, bring to
justice those who may be responsible and compensate the alleged victims or their
next of kin.
Argentina
Urgent appeals and replies received
25.
On 14 April 1999, the Special Rapporteur transmitted an urgent appeal
jointly with the Special Rapporteur on extrajudicial, summary or arbitrary
executions on behalf of José Luis Ojeda, who was allegedly shot and wounded by
an unidentified aggressor outside his home in Buenos Aires on 6 April 1999. A
police patrol from Station 34 was reportedly in the vicinity at the time of the
events but did not intervene. According to the information received, this is the
latest in a series of attacks and harassment to which José Luis Ojeda and his
family have been subjected since he claimed he was beaten and tortured by the
Federal Police in Station 34 during his brief stay there three years before. The
Centre for Legal and Social Studies allegedly informed the authorities of the
attack.
26.
By letter dated 10 June 1999, the Government responded to this urgent
appeal. It indicated that following a complaint submitted to what has now become
Examining Court No. 43, proceedings are in progress, an order of committal
having been issued against Sergeant Víctor Pablo Barrionuevo for the offence of
minor bodily harm. Insufficient grounds were found for either undertaking or
dismissing proceedings against Major Carlos Fabián Chávez. The action to rescind
is not final because appeals have been lodged by lawyers both for the Argentine
Federal Police and for Mr. Ojeda. The Government indicates that preliminary
steps have been instituted in Court No. 14 concerning the offence of 6 April
1999. It states that measures were taken to ensure Mr. Ojeda's physical safety
and provide psychological counselling. Such measures continued until 19 April,
when Mr. Ojeda ceased to accept assistance of any kind. Since 27 April, contact
has been made with the victim only once, and he again declined any form of
protection.
Follow-up to previously transmitted communications
27.
By letter dated 26 October 1998, the Special Rapporteur transmitted to
the Government information concerning possible cases of torture in Argentina. By
letters dated 16 December 1998 and 6 January 1999, the Government responded by
providing the Special Rapporteur with information on the following case,
summarized below.
28.
Marcelo Atencio was allegedly arrested and tortured on 20 March 1998 by
members of the Buenos Aires Police Force, Station No. 1, San Miguel (see
E/CN.4/1999/61, para. 44). According to the Government, "sessional" proceedings
have been instituted in Criminal and Correctional Transit Court No. 3 of the
Judicial Branch of San Martín, Buenos Aires District Authority. On 21 March
1998, Marcelo Atencio underwent medical examination and a number of minor
injuries were found. During the preliminary steps ordered by the court, it was
discovered that he had been examined by the police physician on duty at the time
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