CAT/C/ARG/CO/5-6
orientation or gender identity, at both federal and provincial level, and ensure full
compliance with the Gender Identity Act No 26743.
Process of memory, truth and justice for crimes against humanity
37.
While recognizing the considerable progress made with regard to memory,
reparation and justice relating to past crimes (see para. 6 (d) and (e) above) and also
recognizing the State party’s commitment to maintain existing programmes, the Committee
is concerned about the delay in the processing of remaining court cases, as acknowledged
by the delegation of the State party, and the weakening of the public offices that provide
support for the investigation of such cases (arts. 12 and 16).
38.
The Committee recommends that the State party undertake assessments with a
view to devising strategies to expedite case-processing and trials for crimes against
humanity committed during the last civilian-military dictatorship, and that it provide
the necessary resources for that purpose. The Committee also recommends that
memory policies should be maintained through the preservation of memorial archives
and sites.
Gender-based violence and women in detention
39.
While welcoming the measures taken to combat gender-based violence (see paras. 5,
(c) and (e), and 6 (a) above), the Committee is concerned about the alarming number of
reported cases of femicide and gender-based violence and about the increase in cases of
physical violence against women incarcerated in federal detention facilities. While
appreciating the information provided regarding follow-up on cases of femicide in 2015,
the Committee regrets that this information did not cover the period under review or other
cases of gender-based violence, including within the prison system. The Committee also
appreciates the information on programmes designed to improve access to health care for
incarcerated women, particularly pregnant women; nevertheless, in view of the deficiencies
noted by various oversight bodies, it remains concerned about the inadequacy of those
programmes at the federal and provincial levels (arts. 2, 12 and 16).
40.
The Committee urges the State party to intensify its efforts to combat all forms
of gender-based violence, including in places of deprivation of liberty, ensuring that
all complaints are thoroughly investigated, that alleged perpetrators are prosecuted
and that appropriate penalties are imposed if they are convicted, and also ensuring
that victims obtain full reparation for the harm they have suffered. The Committee
reiterates the recommendation made by the Committee on the Elimination of
Discrimination against Women with respect to women in detention (see
CEDAW/C/ARG/CO/7, para 45) and recommends that the State party develop and
improve access to health programmes for women in federal and provincial detention
facilities (rules 48 and 51 of the Bangkok Rules).
Reparation measures
41.
While welcoming the establishment of the Dr. Fernando Ulloa Centre for Victims of
Human Rights Violations and the State party’s commitment to increase the assistance
offered to victims of institutional violence, the Committee notes that the Centre focuses
mainly on assisting victims of State terrorism. Furthermore, the Committee regrets the
paucity of information available on redress measures ordered by the courts or other State
bodies during the reporting period in other cases of torture or ill-treatment (art. 14).
42.
The Committee draws the State party’s attention to its general comment No. 3
(2012) on the implementation of article 14 by States parties, which describes in detail
the nature and scope of States parties’ obligation to provide full redress, and the
means for full rehabilitation, to victims of torture. In particular, the Committee urges
the State party to:
(a)
Expand, as soon as possible, existing rehabilitation programmes for
victims of torture and ill-treatment;
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