D. Subjects of concern
34.
The Committee expresses its concern at the following:
(a)
The many allegations of torture and ill-treatment committed in a widespread and
habitual manner by the State’s security forces and agencies, both in the provinces and in the
federal capital;
(b)
The lack of proportion between the high number of reports of torture and
ill-treatment and the very small number of convictions for such offences, as well as the
unjustifiable delays in the investigation of cases of torture, all of which contribute to the
prevailing impunity in this area;
(c)
The repeated practice of miscategorization of actions by judicial officials, who
treat the crime of torture as a minor offence (such as unlawful coercion), which carries a lesser
punishment, when in fact such actions should be categorized as torture;
(d)
The uneven application of the Convention in the various provinces of the State
party, and the lack of machinery for accommodating the requirements of the Convention to the
federal structure of the country, despite the fact that the State party’s Constitution grants those
provisions the same status as the Constitution itself;
(e)
The information supplied by the State party on compliance with the obligations
imposed by the Convention still fails to reflect the situation in the country as a whole, as the
Committee has stated when considering previous reports by the State party. The Committee also
notes with concern that the national register of information from domestic courts on cases of
torture and ill-treatment in the State party has still not been established;
(f)
The reports of arrests and detention of children below the age of criminal
responsibility, most of them “street children” and beggars, in police stations, where they are held
together with adults, as well as on the alleged torture and ill-treatment suffered by such children,
leading to death in some cases;
(g)
Allegations of torture and ill-treatment of certain other vulnerable groups, such as
members of the indigenous communities, sexual minorities and women;
(h)
The overcrowding and poor physical conditions prevailing in the prisons, and
particularly the lack of hygiene, adequate food and appropriate medical care, which may be
tantamount to inhuman and degrading treatment;
(i)
The high number of persons being held in pre-trial detention, which according to
the State party is as high as 78 per cent in the Buenos Aires prison system;
(j)
The failure to apply the principle of separation between convicted prisoners and
remand prisoners in detention centres, and between them and immigrants who have been served
with expulsion orders;
(k)
Alleged reprisals, intimidation and threats received by persons reporting acts of
torture and ill-treatment;
13
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