CAT/C/ARG/CO/5-6
Death in custody
21.
The Committee notes with concern the high number of deaths in custody, which,
according to the data provided by the State party delegation, averaged 43 per year in the
federal prison system between 2008 and 2016. The Committee regrets the limited scope of
those data, which relate only to the federal prison system, and notes with concern the
discrepancy that exists between the State party’s data and those provided in other
information received, which reported a total of 1,930 deaths nationwide since 2010. The
Committee also regrets the lack of information on the results of investigations into such
deaths throughout the national territory during the whole of the period under consideration.
Furthermore, it is concerned that a large proportion of fatalities are related to health
problems, as a result of inadequate health care in prisons (arts. 2, 11 and 16).
22.
The State party should take the necessary steps to:
(a)
Investigate promptly, thoroughly and impartially all deaths in custody
and, where necessary, carry out autopsies, with a view to determining whether State
officials are responsible and, where appropriate, impose an appropriate punishment
on the perpetrators and pay suitable compensation to the victim’s family;
(b)
Improve the medical treatment in places of detention, ensure access to
medicine and provide for transfer to outside hospitals, where necessary;
(c)
Collect comprehensive statistical information at the national level on the
number of deaths in custody, disaggregated by place of detention, sex, age and
ethnicity or nationality of the deceased and cause of death, as well as detailed
information on the findings of the investigations into such deaths.
Medical examinations
23.
The Committee regrets that health services remain the responsibility of the Ministry
of Justice and are closely linked with the prison system, which could give rise to conflicts
of interest in cases where signs of violence or deaths in custody need to be certified. In that
connection, the Committee is alarmed by consistent reports from reliable sources alleging
that medical personnel of the prison service issue false reports denying injuries suffered by
detainees (arts. 2, 12 and 16).
24.
The State party should ensure that:
(a)
Medical services are linked to the Ministry of Health at both the federal
and the provincial level, in accordance with the recommendation of the Subcommittee
on Prevention of Torture (CAT/OP/ARG/1, para. 54);
(b)
All medical examinations of detainees, including prison intake
examinations, are conducted, with due respect for the detainee’s right to
confidentiality and privacy, by an independent doctor, who may be chosen by the
detainee and who has received training on the Manual on the Effective Investigation
and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (Istanbul Protocol);
(c)
Doctors are able to inform an independent investigation body,
confidentially and without risk of reprisals, of any evidence of torture or ill-treatment.
National System for the Prevention of Torture
25.
While appreciating the adoption of the act establishing the National System for the
Prevention of Torture and its implementing regulations (see para. 5 (b) above), the
Committee notes with concern that the National Committee for the Prevention of Torture,
which is responsible for running the System, has still not been appointed. Although it
welcomes the start of the process of selecting members of the National Committee, the
Committee is concerned that the procedure whereby six representatives are appointed by
parliamentary groups and one by the Government, as provided for by the law, may give rise
to conflicts of interest that could compromise its independence, as pointed out by the
Subcommittee (CAT/OP/ARG/1, para. 16). The Committee also shares the Subcommittee’s
concern regarding the institutional composition of some local preventive mechanisms,
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