E/CN.4/2004/3/Add.3
page 7
(ii)
Although article 50 of the International Covenant on Civil and Political
Rights stipulates that the provisions of the Covenant extend to all parts of
federal States without any limitations or exceptions, the Working Group
was not convinced that the federal Government has the means or resources
to ensure that all provinces comply, both in their legislation and in
practice, with the provisions of the Covenant and other international
human rights instruments ratified by Argentina;
(iii)
During its talks, the delegation observed that many officials, judges and
members of bar associations were not fully aware of, or did not attach
sufficient importance to, the provisions of the International Covenant on
Civil and Political Rights as the universal international instrument
applicable to detention. Nor did there appear to be greater awareness
among the detainees interviewed about the State’s obligation to guarantee
their right to an effective judicial remedy for their continued detention, or
about the State’s international responsibility arising from acts by its public
servants acting in an official capacity. Nor had they been informed by the
authorities, their lawyers or even by NGOs that they could take their case
to international bodies such as the United Nations Human Rights
Committee or the Working Group on Arbitrary Detention. Domestic
remedies for arbitrary detention appear to be rather complex, long,
onerous, slow and, consequently, ineffective.
III. LEGAL AND INSTITUTIONAL FRAMEWORK
A. Constitutional framework
15.
Argentina has adopted a federal republican representative form of government. The
federal Government consists of the executive, the legislature and the judiciary. The President
is the supreme leader of the nation and head of Government and is politically responsible for
the general administration of the country (Constitution, art. 99, para. 1). He is also
commander-in-chief of the armed forces. Congress consists of two chambers, the Chamber of
Deputies and the Senate. Judicial power is exercised by the Supreme Court of Justice and by the
lower courts established by Congress (Constitution, art. 108). Argentina has a multiparty
political system, in which the Justicialist Party and the Radical Civic Union have played a
prominent part over the past 50 years.
16.
Each province has its own congress; most provincial congresses consist of two chambers.
Executive power is vested in the governor. The provinces retain all the power that the national
Constitution does not delegate to the federal Government. The provinces set up their own local
institutions and are governed by them, without intervention by the federal Government
(Constitution, arts. 121 and 122). Provincial governors are responsible for enforcing the
Constitution and laws on behalf of the federal Government (Constitution, art. 128). The city of
Buenos Aires has an autonomous government with its own legislative and jurisdictional powers;
in 1998, it adopted its own constitution. The provinces are responsible for the administration of
justice and observance of the rights and guarantees contained in international instruments. The
provincial police are administered by the governor.