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.
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