should focus on compensation of the tortured; punishment of the torturers; and
education of the public in general and police and doctors in particular.
97. Concerning the implementation of article 2 of the Convention, members of
the Committee requested further information on the new Code of Penal Procedure,
especially with regard to establishment of mechanisms for its application. They
also noted that under that Code the period of incommunicado detention had been
reduced from 10 to 3 days and they expressed concern both at the continued
practice of incommunicado detention and at the inadequacy of the advance access
to a lawyer as a means of protecting persons in such circumstances. In
addition, members of the Committee recalled that derogations from certain
provisions of the Convention were not allowed in times of state of emergency or
siege, and asked for more information on the actions taken by Argentina to
ensure conformity with its obligations in this regard.
98. With regard to article 4 of the Convention, members of the Committee
requested further information on the punishment of torturers, especially as
information contained in the report indicated that in one case the punishment
provided for in article 144 (3) of the Penal Code had not been applied to the
person found guilty of the crime of torture. In addition, attention was drawn
to information about the participation of doctors in cases of torture and the
need to punish such practitioners. Moreover, members of the Committee expressed
concern as to whether the presidential pardon of October 1989, as applied to
military officers who had committed human rights violations under the previous
regime, was in strict compliance with the Convention. In illustration of this
point, mention was made of two cases where investigations had not been pursued
or where clemency had been granted before the holding of a trial.
99. Concerning article 10 of the Convention, members of the Committee
emphasized the importance of introducing a medical ethics component into medical
curricula as a means of preventing the practice of torture by doctors.
100. With regard to article 11 of the Convention, more information was sought as
to the arrangement existing in Cordoba city by which lawyers could be present in
all police stations and whether this arrangement was to be extended to other
parts of the country.
101. In connection with article 12 of the Convention, members of the Committee
drew the attention of the Government of Argentina to information received from
Amnesty International and other non-governmental organizations on the alleged
practice of torture during the period 1989 to 1991 and to their concern that
some of the lower levels of the judiciary were failing to fulfil their
obligations with regard to investigating into acts of torture. In this light,
information was requested on the progress being made in police and judicial
investigations into all those allegations.
102. Concerning article 13 of the Convention, members of the Committee sought
additional information as to its implementation in practice, particularly with
regard to a specific case brought before the court in the province of Mendoza.
103. With respect to article 14 of the Convention, members of the Committee
requested further information on the provision of compensation to victims of
torture. They also requested clarification as to whether legal provisions
existed for paying compensation to the families of persons who had disappeared
and to persons who had been detained and held at the disposal of the National
Executive. Moreover, they asked why applications for compensation had to be
submitted to the Ministry of the Interior for approval and whether judicial
appeals against the Ministry’s decision had been provided for. It was also
stressed that, in addition to financial compensation, it was important for
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