CAT/C/ARG/CO/5-6
connection, the Committee wishes to draw the attention of the State party to
paragraph 9 of its general comment No. 2 (2008) on the implementation of article 2 by
States parties, in which it states that serious discrepancies between the Convention’s
definition and that incorporated into domestic law create actual or potential loopholes
for impunity. The State party should also ensure that the legislative amendments
retain appropriate penalties that take into account the grave nature of the offence of
torture, as set out in article 4 (2) of the Convention.
Torture and ill-treatment in detention facilities
11.
The Committee reiterates the profound concern that it expressed in its previous
concluding observations (see CAT/C/CR/33/1, para. 6 (a)) relating to allegations of the
frequent use of torture and ill-treatment in the various facilities run by the security forces
and in the practices of prison staff, who still operate within the militarized corporate
structure of the past. Such acts of institutional violence reportedly include the ill-treatment
meted out to prisoners forced to occupy the so-called prison “welcome” cells and practices
such as being smothered with bags and subjected to acts of torture inflicted on prisoners’
ears, ankles or the soles of their feet, as well as extremely harsh collective punishments.
The Committee also reiterates its concern (see CAT/C/CR/33/1, para. 6 (l)) regarding the
invasive and humiliating body searches to which prisoners are routinely subjected without
justification, despite the fact that there are regulations governing such practices. The
Committee is also concerned about allegations of the arbitrary transfer of prisoners far from
their families as a covert form of punishment, as indicated by the Subcommittee on
Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
during its visit to Argentina (CAT/OP/ARG/1, paras. 37 and 38). The Committee also notes
that violent incidents occur among the prisoners, which, according to reports received, are
sometimes linked to self-government and extortion schemes set up inside prisons with the
connivance of prison staff (arts. 2, 12, 13 and 16).
12.
The Committee endorses the recommendations made by the Subcommittee (see
CAT/OP/ARG/1, paras. 85 and 86) and calls on the State party to take urgent steps to
assess the practice of torture and ill-treatment in federal and provincial detention
facilities with a view to developing the necessary prevention policies and control
mechanisms, both within and outside such facilities. The Committee also recommends
that the State party:
(a)
Unequivocally reaffirm the absolute prohibition of torture and issue a
public warning that anyone who commits acts of torture, or is complicit in or tolerates
torture, will be considered personally liable before the law, stand trial and receive the
appropriate punishment;
(b)
Investigate without delay, thoroughly and impartially all cases of
violence committed in detention facilities and assess whether State officials or their
superiors are responsible. Where appropriate, the State should impose an appropriate
punishment on those found guilty and pay suitable compensation to the families of
victims;
(c)
Exercise strict supervision of body search procedures and ensure that
they are not degrading for prisoners or, where applicable, for visitors to detention
facilities. The State party should ensure that intrusive searches are conducted only in
exceptional cases, as unintrusively as possible, by trained staff of the same sex, and
with full respect for the dignity of the individual (rules 50 to 53 and 60, Standard
Minimum Rules for the Treatment of Prisoners (Mandela Rules));
(d)
Ensure that prisoners are held in establishments as close to their homes
as possible, space requirements permitting, and that the need for transfers is
monitored by the competent authority;
(e)
Adopt the necessary measures to transform the prison service into an
institutional model of a civilian nature, by enhancing professionalism and
transparency in prison operations and establishing a clear distinction between
security functions and the treatment of prisoners.
GE.17-08409
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