CAT/C/ARG/CO/5-6
(c)
Develop a suitable methodology for determining prison capacity in
federal and provincial prisons, in line with the relevant international standards on
habitability;
(d)
Continue its efforts to develop a single national register of persons
subjected to deprivation of liberty as a preventive or punitive measure, which should
include information disaggregated by jurisdiction, sex and age of the person
concerned, and current status of the proceedings, and ensure that detainees’ attorneys
and family members have access to information that is regularly updated.
Deprivation of liberty
17.
The Committee reiterates the concern that it expressed in its previous concluding
observations (see CAT/C/CR/33/1, para. 6 (i)) concerning the high number of persons in
pretrial detention, who constitute about 60 per cent of the prison population, and the
excessive length of time that they are held. Although it appreciates the initiatives to
promote the use of alternatives to deprivation of liberty (see para. 6 (b) above), the
Committee regrets the delayed entry into force of the new Code of Criminal Procedure (Act
No. 27063), which contains provisions limiting the use of pretrial detention. The
Committee is also concerned about the proposed legislation to amend the Criminal
Enforcement Act No. 24660, which bars access to early release for a large number of
convicted persons, including persons convicted of non-violent offences, thus hindering their
social reintegration and exacerbating the existing prison overcrowding (arts. 2 and 16).
18.
The Committee recommends that the State party:
(a)
Carry out an assessment of the use of pretrial detention at both federal
and provincial level, with a view to amending its regulations and adopting the
necessary measures, including the training of judges, to ensure that pretrial detention
is used only in exceptional circumstances and for limited periods, and promote
alternatives to pretrial detention, in accordance with the United Nations Standard
Minimum Rules for Non-custodial Measures (Tokyo rules) and the United Nations
Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women
Offenders (Bangkok Rules);
(b)
Avoid adopting legislative amendments that would undermine the
principle of gradual return to life in society that forms the basis for the social
reintegration of convicted persons, in accordance with international standards (rule
87 of the Mandela Rules, Tokyo Rules and rule 45 of the Bangkok Rules).
Solitary confinement
19.
The Committee is concerned about the frequent use, as acknowledged by the State
party delegation, of unregulated solitary confinement without a court order, such as the
provisional placement of detainees in solitary confinement pending their relocation to a
“physical integrity protection unit” or another area. The Committee is also concerned about
reports alleging extreme conditions in solitary confinement cells (arts. 11 and 16).
20.
The State party should bring its solitary confinement practices into line with
the provisions of the Mandela Rules. In particular, the State party should:
(a)
Guarantee that no one is held in solitary confinement, except in
situations expressly provided for by law;
(b)
Ensure that solitary confinement is used only as a measure of last resort,
for the shortest possible period of time and under strict conditions of judicial
oversight and control;
(c)
Ensure that a cell in which a punishment of solitary confinement is
served complies with the necessary requirements for carrying out the measure without
affecting the physical integrity and the dignity of the detainee.
GE.17-08409
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