CAT/C/ARG/CO/5-6
special fund for the campaign against gender-based violence and setting up the national 144
toll-free hotline;
(f)
26165).
The adoption in 2006 of the Refugee Recognition and Protection Act (Act No.
6.
The Committee takes note of the State party’s efforts to adjust its policies and
procedures in order to ensure greater protection for human rights and to apply the
Convention, in particular:
(a)
The establishment in 2006 of the Domestic Violence Office of the Supreme
Court of Justice and the adoption in 2016 of the National Plan of Action for Prevention and
Eradication of Violence against Women and the Provision of Victim Assistance (20172019);
(b)
The adoption of resolution No. 1379 of 2015, which established the Support
Programme for Persons under Electronic Surveillance, and resolution No. 86/2016, which
broadened the programme’s geographic scope of application to encompass the entire
country, and the implementation in 2016 of the Justice 2020 Programme, which promotes,
inter alia, the use of alternatives to custodial sentences;
(c)
Violence;
The establishment in 2013 of the Office of the Prosecutor for Institutional
(d)
The adoption in 2011 of Decree No. 141/11, establishing the Dr. Fernando
Ulloa Centre for Victims of Human Rights Violations;
(e)
The adoption in 2010 of Decree No. 4/2010, which declassified all
information related to the actions of the armed forces during the years between 1976 and
1983.
7.
The Committee notes with satisfaction that the State party has extended an open
invitation to all special procedures mandate holders of the Human Rights Council to visit
Argentina.
C.
Principal matters of concern and recommendations
Pending follow-up issues from the previous reporting cycle
8.
While recognizing that Argentina has complied with the follow-up procedure and
provided written information (CAT/C/ARG/CO/4/Add.1 and Add.2), the Committee
regrets that the State party has not implemented the recommendations for follow-up
contained in the previous concluding observations (CAT/C/CR/33/1), namely the
establishment of a national register of information from domestic courts on cases of torture
and ill-treatment (paras. 31 and 32), greater protection for members of vulnerable groups
(paras. 35 and 36), compliance with international standards when conducting body searches
(paras. 11 and 12 (c)) and the establishment of a national preventive mechanism (paras. 25
and 26).
Definition and classification of the offence of torture
9.
The Committee is concerned that the definition of the offence of torture set out in
article 144 ter of the Criminal Code is not in conformity with the provisions of article 1 of
the Convention, since it does not attribute criminal responsibility for torture to a sufficiently
wide range of perpetrators or include the purpose of the conduct in question in the basic
definition of the offence. The Committee takes note of the recent efforts to amend the
Criminal Code and of the State party’s commitment to rectify the omissions observed in the
current definition of the offence of torture (arts. 1 and 4).
10.
The State party should bring article 144 ter of the Criminal Code into line with
the definition of torture contained in article 1 of the Convention. The definition of the
offence of torture should specify the purpose of the conduct in question and include
among the perpetrators of the offence other persons acting in an official capacity or at
the instigation or with the consent or acquiescence of a public official. In that
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