E/CN.4/2004/3/Add.3 page 16 amount of money. Other members of congress complained that they were unable to arrive on time for sessions of the Salta congress because the piqueteros were continuing to block the roads. They said that the provincial authorities were unable to do anything if federal roads were involved. 50. On the other hand, representatives of piquetero movements who were interviewed said that most of their actions were peaceful. They took special care not to harm anyone: for example, they allowed ambulances to get through. They were not in the habit of demanding payment or tolls. The Working Group wishes to point out that, under international law, the right to peaceful assembly and the right to demonstrate peacefully must be recognized and guaranteed. No restrictions may be imposed on these rights other than those necessary in a democratic society, such as restrictions that are necessary in the interests of national security, public safety, public order, health or morals, or the protection of the rights and freedoms of others. The Working Group’s concern arises from the complaints that it has received that the security forces usually make arrests and detain individuals during actions by piqueteros regardless of whether such actions are carried out in a peaceful or violent manner. D. Detention for minor offences 51. In some provinces of Argentina, although not in the Autonomous City of Buenos Aires, police forces have the power to make arrests and apprehend individuals suspected of contravening certain specific laws. The contraventions concerned are more of an administrative than criminal nature. Normally, a person found guilty of committing a minor offence or misdemeanour should be punished by a caution or a fine. However, the delegation found legal provisions that authorize the police to detain individuals for up to 30 days for committing minor offences. “Edicts” are still in use in Córdoba and Salta. These edicts are issued by the local police chief. In the police stations visited, the delegation met with individuals who had been detained for over 30 days on such grounds. In the province of Buenos Aires, Act No. 8031 on minor offences and the Urban Coexistence Code authorize the police to take action against behaviour or acts considered contrary to public morality or decency. Transsexuals, transvestites and prostitutes (even though prostitution as such is not prohibited) are frequently punished for misdemeanours or minor offences. 52. The Working Group does not deny that the behaviour of certain individuals, whether or not they belong to sexual minorities, may at times be provocative or offend against public morality. However, Argentine legislation does not appear to define sufficiently clearly which behaviour it wishes to prohibit or punish, or the limits of such behaviour. This lack of clarity gives police officers a large amount of discretion, which often leads to arbitrary enforcement of the law. It has been alleged that it is not so much the act itself that they are targeting but individuals, because of their appearance or clothes or the threat that they might pose. In this context, the outcome is usually arbitrary detention. 53. Although it is possible to appeal against a detention order for a minor offence, the remedy is not usually effective and is usually a very slow process (often the outcome of the appeal is made known after the penalty has already been applied); it is also usually expensive, complicated and, ultimately, ineffective.

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