E/CN.4/1993/26
page 12
II.
INFORMATION REVIEWED BY THE SPECIAL RAPPORTEUR
WITH RESPECT TO VARIOUS COUNTRIES
Argentina
Information transmitted to the Government and replies
received thereon
31.
In a letter dated 21 August 1992 the Special Rapporteur advised the
Government that he had received information on the practice of torture in
Argentina and also on a number of individual cases. The Government replied in
a letter dated 9 November 1992.
32.
The Special Rapporteur stated that he had received information on major
legislative action taken in recent years such as the reform of the Federal
Code of Criminal Procedure under which confessions made to the police are not
admissible as evidence and police detention to establish identity may not
exceed 10 days. He had however, been informed that notwithstanding these
measures the police frequently resorted to torture to elicit information or
secure changes in testimony already given. Torture was also used as a form of
punishment and intimidation. Most of the victims were poor people and young
people suspected of theft, rape and similar offences. Some cases had however,
a political dimension. According to the information received, the police had
used torture to link a group of dissidents to the commission of a crime.
33.
The most frequently used methods are electric shocks, beating and
near-suffocation by means of a plastic bag placed over the head. ("Dry
submarine").
34.
It was reported that the Government was not taking effective action to
prevent torture, although in a number of cases heavy pressure had resulted in
disciplinary action against individual policemen. The judiciary, the
examining magistrates in particular, rarely charged police with torture.
Usually the less serious charge of unlawful pressure was preferred. Even in
that case convictions were virtually unknown.
35.
The Special Rapporteur had also been informed of seven cases in
Buenos Aires city and province. In this connection the Government stated in
its reply that it was essential that the Special Rapporteur should identify
the unit concerned in an alleged unlawful act and the jurisdiction which had
received the complaints as well as the facts needed to establish the details
of each case. The Government annexed a list of regulations in force germane
to prevention of the use of torture. The cases mentioned are the following:
(a)
María Eugenia Corvalán Alarcón, cashier in a restaurant in the
San Telmo district of Buenos Aires, was arrested on 4 June 1987 by police
searching the restaurant for drugs. She was taken to the police station where
she was beaten in the presence of witnesses, subjected to the dry submarine
treatment and put in a straitjacket. Various members of the police were
charged with the use of unlawful pressure. The Special Rapporteur does not
know whether a judical decision has been taken;
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