of convicted inmates. 105.The shortcomings in guarantees afforded to the institutional independence of all actors responsible for making criminal justice accessible, in particular the public prosecution and public criminal defence services constitute a further impediment to investigation of cases of torture. The Subcommittee was concerned to find that some provinces in Argentina still maintain a structure whereby public defence and public prosecution services are subordinated to a single authority in the form of an attorney-general’s office. This impedes the introduction of institutional policies specific to each of those services and reduces their functional and budgetary autonomy. It also constitutes an obstacle to due process, through failure to observe the principle of equality between the prosecution and the defence. This is true, despite the fact that the public defence services assist a large proportion of persons facing criminal proceedings. 106.With regard to applications for habeas corpus as a means of improving conditions of detention and dealing with cases of torture and ill-treatment, the Subcommittee was informed that in practice, this swift and simple measure was frequently misused by the courts hearing applications. Both the procedure (which requires a hearing and the appearance of the person before the judge), and its purpose and objective are undermined by failure to hear the application in due time or to provide an appropriate response. Failure to monitor compliance with the decisions of the courts, which is often somewhat perfunctory or only done months later, is also commonplace. In Buenos Aires province, use of this tool to improve conditions of detention has been hindered by the reform of article 417 of the Code of Criminal Procedure, which empowers the executive branch to appeal against decisions of the courts in respect of habeas corpus. Currently, such appeals are common and as a result decisions of the courts granting habeas corpus are not implemented or held pending for months. 107.Another source of concern for the Subcommittee is the classification by the courts of acts of torture as other offences, such as bodily harm, coercion, abuse of authority, excessive use of force, extortion, etc. which carry far lighter penalties and shorter prescription limits. As well as leading to impunity, this practice is responsible for under-recording of cases of torture by the courts. 108.The Subcommittee notes that following the adoption of Decree No. 168/11, the Inspection and Control Directorate, which reports to the Under-Secretariat for Crime Policy and Judicial Investigations of the Ministry of Justice and Security of Buenos Aires province, is responsible for procedure relating, inter alia, to acts of torture and ill-treatment in penal establishments. As a result, the earlier procedure under which these were handled by the prison service has fallen into abeyance. The Subcommittee would like to receive information on the outcome of any procedures undertaken by the Directorate and on the manner in which they are conducted. 109. The Subcommittee is of the view that, in order to combat impunity in torture cases, it is of fundamental importance that the State party implement a policy of criminal investigation based, inter alia, on the improvement of administrative complaint mechanisms in prisons. 110. The public prosecution and public criminal defence services must each be structurally and functionally independent. They must also be vested with the power to properly investigate cases of torture with full guarantees of due process and to remove hindrances to the filing of complaints and subsequent substantive investigation of the facts. That investigative work would be further strengthened by the establishment of an independent judicial police force, as provided for in the Constitution, under the authority of the Attorney-General’s Office. This police force should be able to investigate the responsibility of police and prison officers in cases of torture and ill-treatment. 111. The Subcommittee recommends the adoption of measures for the purpose of amending the appeal procedure in habeas corpus proceedings so that appeal does not nullify effective and timely compliance with the decisions handed down. 112. The Subcommittee is of the view that it is important to strengthen the powers of enforcement judges to enable them to perform their role in monitoring the conditions of detention of persons deprived of their liberty. 113. The Subcommittee considers as a positive development the existence of registers of torture at the federal and provincial levels. In order for these registers to serve as effective tools in combating torture and the impunity associated with it, the bodies responsible should coordinate their efforts to draw up common guidelines for registering cases. 114. The Subcommittee takes note with interest of the measures adopted by the Supreme Court of Buenos Aires province in respect of monitoring the conditions of detention in penal establishments and would like to receive information on its evaluation of that monitoring, on interaction with the executive branch and prospects for action in the future. It would also like to receive information on the status of the draft project for a register of convictions for acts of torture, cruel and inhuman treatment. Annexes Annex I List of persons with whom the Subcommittee met I.Officials A.Federal officials