CAT/OP/ARG/1/Add.1
VIII.
Information concerning the Province of Buenos Aires
103. The following is a summary of the information provided by the provincial
government of Buenos Aires on the prison system in the province (the full report may be
found in annex 6).
A.
1.
(a)
Police custody
General issues
Information on the rights of persons held in custody
104. The provincial government reported that posters specifically designed according to
requirements are currently being displayed in police premises, in strict compliance with the
Subcommittee’s recommendation. Furthermore, in the survey conducted under Ministerial
Decision No. 879/13, to which the province refers in detail in point 5 of the replies annexed
to this report, it may be verified that the posters have been duly displayed in every premise
inspected.
(b)
The right to notify a third party
105. The provincial government reported that enjoyment of this right is expressly
provided for by current provincial legislation. In that regard, article 16 of Act No. 13482
expressly provides that:
“[...] All persons deprived of their liberty shall be informed by the police officers
responsible for their detention, immediately and in an understandable manner, of the
specific reason for their deprivation of liberty and of their rights: [...] c) To
communicate immediately with a family member or close relation in order to notify
them of their arrest and current place of detention.”
106. Furthermore, the Ministry of Justice and Security of Buenos Aires province
recognizes the importance of the effective application of this right. Accordingly, Decision
No. 2279 of 29 November 2012 establishing the Procedural Protocol for Police Officers in
the Province of Buenos Aires concerning Identity Checks provides for its full enjoyment,
chapter IV stating that:
“... e) Communication: detainees have the right to communicate immediately with a
family member and/or lawyer and/or trusted person in order to notify them of their
situation, and all necessary means shall be put at their disposal for that purpose. A
record of the communication shall be kept in the duty logbook, specifying the
persons contacted, their telephone number and the number of the call”.
107. The provincial government also made clear that this right is displayed on the posters
mentioned previously.
(c)
Medical examinations and medical assistance during police custody
108. On this point, the provincial government reported that the provincial authorities have
minimized the numbers of persons held in police stations and the length of their detentions,
pointing out that this improvement has also facilitated the immediate transfer of sick
persons in police custody to the HIGAM No. 22 prison hospital situated in Lisandro Olmos.
109. This mechanism was recently formalized in Ministerial Decision No. 879/2013,
annexed herewith, which definitively establishes mechanisms to immediately transfer sick
GE.14-40297
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