ARGENTINA
29.
The Committee considered the fourth periodic report of Argentina (CAT/C/55/Add.7) at
its 622nd and 625th meetings, held on 16 and 17 November 2004 (CAT/C/SR.622 and 625 and
Add.1), and adopted the following conclusions and recommendations.
A. Introduction
30.
The Committee welcomes the fourth periodic report of Argentina, though noting that
it was received two years after the due date of June 2000. The Committee appreciates the
constructive dialogue established with a high-level representative delegation and thanks it for
the frank and direct answers provided to the questions posed by the Committee.
B. Positive aspects
31.
The Committee welcomes with satisfaction the efforts made by the State party to combat
impunity in respect of crimes against humanity committed under the military dictatorship, and in
particular:
(a)
The promulgation of Act No. 25.779 in September 2003, declaring the “Due
Obedience” and “Clean Slate” Acts absolutely null and void;
(b)
The initiation of a significant number of cases in which such violations are being
investigated;
(c)
The repeal in 2003 of executive decree No. 1581/01, which required the
automatic rejection of requests for extradition in cases involving serious and flagrant violations
of human rights under the military dictatorship.
32.
The Committee also warmly welcomes the following positive developments:
(a)
The ratification of the Optional Protocol to the Convention against Torture in
November 2004;
(b)
The ratification of the Rome Statute of the International Criminal Court in
February 2001;
(c)
The promulgation in January 2004 of the new Migration Act, No. 25.871, which
lays down, inter alia, that a foreigner may be detained only by a judicial authority;
(d)
The work accomplished by the National Commission for the Right to an Identity,
which was entrusted with the task of locating children who disappeared under the military
dictatorship.
C. Factors and difficulties impeding the application of the Convention
33.
The Committee takes note of the difficulties encountered by the State party, especially
those of an economic and social nature. However, it points out that there are no exceptional
circumstances of any kind which may be invoked to justify torture.
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