CAT/C/ARG/CO/5-6
Police violence
13.
The Committee is concerned about reported patterns of violence and arbitrary
behaviour by the federal and provincial security forces in connection with police custody
that takes place without a court order, particularly in cases involving socially marginalized
young people and children, who are reportedly sometimes detained for identity checks or
other reasons not linked to criminal conduct. According to information received, such
abuses can include attempted murder, as in the case of Lucas Cabello, and enforced
disappearances and acts of torture, such as those allegedly inflicted on Ezequiel Villanueva,
aged 15 years, and Iván Navarro, aged 18 years (arts. 2 and 16).
14.
The Committee urges the State party to adopt effective measures to:
(a)
Investigate promptly, thoroughly and impartially all claims of murder,
arbitrary detention, torture, harassment and police abuse and ensure that the alleged
perpetrators and their superiors who knew, or should have known, that these acts
were being committed are prosecuted and, if convicted, punished commensurately
with the seriousness of their acts. The State should, in particular, ensure that genuine
and impartial judicial proceedings are conducted in connection with the acts of
torture inflicted on Ezequiel Villanueva and Iván Navarro;
(b)
Restrict the use of detention to situations of flagrante delicto or
situations in which a warrant has been issued, as established in the judgment of the
Inter-American Court of Human Rights in the case of Bulacio v. Argentina;
(c)
Ensure that all detained persons benefit, de jure and de facto, from all
the basic legal safeguards from the moment of deprivation of liberty, that compliance
with the system for registering detainees is scrupulously monitored and that all
violations are punished.
Detention conditions
15.
While the Committee notes that new prisons are being built, it is concerned about
the steady increase in the prison population since 2009, which is exacerbating the current
levels of prison overcrowding in a number of provinces and has led to the state of
emergency in the prison system of Buenos Aires province. The Committee also notes with
concern the impact that the implementation of legislation relating to narcotic drugs has had
in terms of increasing the female prison population. The Committee is also concerned that
the occupancy rate mentioned by the delegation of the State party is calculated on the basis
of a surface area of between 2 and 3.40 m2 per inmate in some cells, in accordance with
Resolution No. 2892/2008, which is far smaller than the applicable standards of habitability.
The Committee is further concerned about the practice of holding detained persons for
prolonged periods in police premises, even though these are not intended for that purpose
and the conditions in such buildings are substandard. In that connection, the Committee
notes that seven inmates died in a fire at Police Station No. 1 in Pergamino, Buenos Aires,
in March 2017. The Committee is also concerned about the effect of overcrowding on the
deterioration of sanitary conditions, substandard food and access to medical treatment and
on the inability to keep convicted and unconvicted prisoners separate, as documented in a
number of collective lawsuits filed throughout the country (arts. 2, 11 and 16).
16.
The Committee endorses the recommendations of the Subcommittee
(CAT/OP/ARG/1, paras. 58-59, 62 and 64) and urges the State party to conduct an
audit at both federal and provincial level with a view to bringing detention conditions
in prisons and police stations into line with the Mandela Rules and to draw up a fire
prevention plan for all places of detention. The State should also:
(a)
Redouble its efforts to reduce overcrowding in places of detention,
notably by adopting alternatives to imprisonment;
(b)
Prohibit the use of police stations as places for the long-term detention of
prisoners and ensure compliance with the prohibition;
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GE.17-08409