24
C.
Significant general issues within the regional overview
53.
In addition to the official information provided by the States in
response to the questionnaire referred to above, the Inter-American Commission also
received a wealth of information from other stakeholders relevant to this topic, either in
response to the questionnaire or as part of the other activities carried out in preparing
this report. Accordingly, the following are highlighted as issues of relevance in
connection with the situation of persons deprived of liberty in the region:
54.
In the case of Argentina, at the national level, the most recent
statistics available date from 2010. According to those figures, of a total of 59,227
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people deprived of their liberty, 31,142 (53%) were being held in pretrial detention. In
addition, and given that the Argentine State did not submit a response to the
questionnaire, the most recent official information on the province of Buenos Aires
available to the IACHR was received directly during the visit by the Rapporteur’s office.
That information stated that of a total of 30,132 persons deprived of liberty in the
province of Buenos Aires in March 2010, official figures indicated that 61% had not
received a final judgment. Civil society organizations claimed that the correct figure was
72
70%.
55.
Within the Federal Penitentiary System (persons deprived of liberty
under the Code of Criminal Procedure of the Nation), as of October 19, 2012, there were
a total of 9,800 inmates, of whom 45% were convicted and 55% were still awaiting trial.
Of those people in pretrial detention, 91% were men and 9% were women. However, of
the total of slightly more than 800 women inmates in the federal system on that date,
62% were in pretrial detention. Of the total pretrial detainees in the federal prison
system in 2011, 39% were being held for crimes against property, 39% for drug offenses
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(Law 23.373), 7% for crimes against people, and the remainder for other offenses.
56.
In general terms, of the 24 jurisdictions in Argentina, only the
provinces of Chubut, Río Negro, Entre Ríos, Neuquén, and Tierra del Fuego have ratios
71
Response to the questionnaire for the IACHR’s Thematic Report on Pretrial Detention in the
Americas, November 2, 2012, National Prison Ombudsman’s Office (PPN). Figures from: the National System
on Sentence Execution Statistics (SNEEP), produced by the National Directorate of Criminal Policy for Justice
and Criminal Law of the federal Ministry of Justice and Human Rights.
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IACHR, Press Release 64/10 – IACHR Rapporteurship Confirms Grave Detention Conditions in
Buenos Aires Province. Washington, D.C., June 21, 2010, available in Spanish at:
http://www.cidh.oas.org/Comunicados/Spanish/2010/64-10sp.htm. With respect to this, the Argentine State
indicated in its response to the questionnaire for the Report on the Human Rights of Persons Deprived of
Liberty in the Americas that of the 26,000 inmates housed in the prison system of the province of Buenos
Aires, 10,000 had received final sentences (38%) and that, of those still at trial (16,000), 30% (around 5,000)
had received a first-instance judgment. Response received by means of notes Nos. 203 and 258 of 2010 from
the Permanent Mission of Argentina to the OAS. Report of May 11, 2010, presented by the Minister of Justice
of the Province of Buenos Aires.
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Response to the questionnaire for the IACHR’s thematic Report on Pretrial Detention in the
Americas, Public Defenders Office, November 1, 2012. The statistics for October 19, 2012, are from the
“Weekly Summary of General Prison Population Housed in the Federal Penitentiary Service.”
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