E/CN.4/2004/3/Add.3
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amount of money. Other members of congress complained that they were unable to arrive on
time for sessions of the Salta congress because the piqueteros were continuing to block the
roads. They said that the provincial authorities were unable to do anything if federal roads were
involved.
50.
On the other hand, representatives of piquetero movements who were interviewed said
that most of their actions were peaceful. They took special care not to harm anyone: for
example, they allowed ambulances to get through. They were not in the habit of demanding
payment or tolls. The Working Group wishes to point out that, under international law, the right
to peaceful assembly and the right to demonstrate peacefully must be recognized and guaranteed.
No restrictions may be imposed on these rights other than those necessary in a democratic
society, such as restrictions that are necessary in the interests of national security, public safety,
public order, health or morals, or the protection of the rights and freedoms of others. The
Working Group’s concern arises from the complaints that it has received that the security forces
usually make arrests and detain individuals during actions by piqueteros regardless of whether
such actions are carried out in a peaceful or violent manner.
D. Detention for minor offences
51.
In some provinces of Argentina, although not in the Autonomous City of Buenos Aires,
police forces have the power to make arrests and apprehend individuals suspected of
contravening certain specific laws. The contraventions concerned are more of an administrative
than criminal nature. Normally, a person found guilty of committing a minor offence or
misdemeanour should be punished by a caution or a fine. However, the delegation found legal
provisions that authorize the police to detain individuals for up to 30 days for committing minor
offences. “Edicts” are still in use in Córdoba and Salta. These edicts are issued by the local
police chief. In the police stations visited, the delegation met with individuals who had been
detained for over 30 days on such grounds. In the province of Buenos Aires, Act No. 8031 on
minor offences and the Urban Coexistence Code authorize the police to take action against
behaviour or acts considered contrary to public morality or decency. Transsexuals, transvestites
and prostitutes (even though prostitution as such is not prohibited) are frequently punished for
misdemeanours or minor offences.
52.
The Working Group does not deny that the behaviour of certain individuals, whether or
not they belong to sexual minorities, may at times be provocative or offend against public
morality. However, Argentine legislation does not appear to define sufficiently clearly which
behaviour it wishes to prohibit or punish, or the limits of such behaviour. This lack of clarity
gives police officers a large amount of discretion, which often leads to arbitrary enforcement of
the law. It has been alleged that it is not so much the act itself that they are targeting but
individuals, because of their appearance or clothes or the threat that they might pose. In this
context, the outcome is usually arbitrary detention.
53.
Although it is possible to appeal against a detention order for a minor offence, the
remedy is not usually effective and is usually a very slow process (often the outcome of the
appeal is made known after the penalty has already been applied); it is also usually expensive,
complicated and, ultimately, ineffective.
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