107. With regard to article 4 of the Convention, the representative indicated that he would refer to the competent authorities the question raised on the application of article 144 (3) of the Penal Code in the case mentioned in the report. He also agreed that doctors involved in cases of torture should not be allowed to go unpunished. With regard to the questions raised about the compliance of the presidential pardon of October 1989 with the provisions of the Convention, the representative stated that pardon removed the penal consequences without wiping out an offence or the infamy attached to it. 108. In connection with article 10 of the Convention, the representative informed the Committee of the ethical training provided to doctors in Argentina. He also indicated that the University of Buenos Aires had created a chair of human rights in the School of Medicine and other faculties and that Argentina was one of the most advanced countries in that regard. 109. Regarding article 11 of the Convention, the representative explained that prohibition of access to persons being held in detention applied to members of the family and other persons, not to defence counsel. The new Code of Penal Procedure, which had reduced the period during which a person could be held incommunicado, provided that the first right of a detained person was to communicate with a lawyer, within 10 hours of his arrest. 110. In connection with articles 12 and 13 of the Convention and the concerns raised as to the non-fulfilment of the judiciary’s obligations in investigating into acts of torture, the representative stated that judges had to enforce the laws as from the day following their publication; a judge who failed to do so was dismissed. With regard to the case brought to court in Mendoza, the representative informed that Committee that all the senior police officers of that Province had been dismissed. 111. With regard to article 14 of the Convention, the representative stated that the families and relatives of persons who had disappeared before 10 December 1983 received tax-exempt pensions once their claims had been made to, and approved by, a competent court. To date, 5,000 persons had received such pensions. In addition, under Decree No. 70/91, a compensation scheme had been set up for persons who had been detained and held at the disposal of the National Executive and for civilians who had been detained on the orders of the military courts before 10 December 1983. Such persons could claim for the benefits of the Decree provided that they had not received any compensation as a result of a court judgement. If a claimant’s case did not correspond to the conditions of compensation laid down by the law, the claimant could appeal to the ordinary courts, which were not bound by pre-established time limits for the amount of compensation to be awarded. Additionally, victims who considered the compensation to be inadequate could appeal directly to the State or court. Under article 3 of Act No. 24,043, a claimant for compensation benefit could appeal against the partial or total rejection by the Ministry of the Interior of his application within 10 days to the Federal Administrative Court, which must then rule on the matter within 20 days. Conclusions and recommendations 112. The Committee expressed its thanks to the Government of Argentina for having submitted its second periodic report within the time period stipulated in article 19 of the Convention and for the information and clarifications provided by the representative of the State party. The Committee also expressed its appreciation for the efforts made by Argentina to improve the human rights situation in the country, in particular, in the area of laws which relate to the purposes of the Convention. -21-

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