CAT/C/ARG/CO/5-6
which do not appear to meet the independence criteria required under the Optional Protocol
to the Convention. The Committee is further concerned that local mechanisms are
operational in only six provinces and that some of them face serious budgetary challenges
in carrying out their mandate (art. 2).
26.
The Committee urges the State party to proceed with the formation of the
National Committee for the Prevention of Torture and to ensure that its members are
elected by means of a transparent and inclusive process, in accordance with the
criteria for independence, gender balance, representativeness of the population,
suitability and recognized capacity in various multidisciplinary areas, including the
law and health care (see article 18 of the Optional Protocol and CAT/OP/12/5, paras.
17-20). To that end, the State party should refrain from appointing members who
occupy positions that might give rise to conflicts of interest (CAT/OP/ARG/1, para.
16). The Committee also urges the State party to proceed with the process of setting
up local mechanisms in conformity with the criteria set out above and to provide them
with the necessary resources to carry out their functions.
Bodies monitoring detention conditions and prevention of torture
27.
While welcoming the existence of various bodies at federal and provincial level that
engage in the prevention of torture and monitor detention conditions, the Committee is
concerned that the staff of the Prison System Ombudsman, who are responsible for the
functioning of the mechanism for the prevention of torture in prisons under national and
federal authority (Act No. 26827, art. 32), are denied entry to places of detention in
Córdoba province to monitor the conditions of federal prisoners being held there. The
Committee also regrets that the National Public Defender Service and other public defender
services, such as that in Santa Fe, face similar obstacles in their work of defending
detainees (art. 11).
28.
The State party should ensure that all detention facilities, including police
facilities, undergo periodic, independent inspections and should facilitate access to
such facilities by bodies mandated to protect the human rights of persons deprived of
their liberty. The State party should also guarantee that such bodies can freely gain
access to any available information on detainees, including information contained in
court files, and can undertake without hindrance the defence of victims of institutional
violence.
Investigation of claims of torture and ill-treatment
29.
While the Committee appreciates that some progress has been made with regard to
measures taken to investigate cases of torture, such as the establishment of the Office of the
Special Prosecutor for Institutional Violence (see para. 6 (c) above), and with regard to
some judicial proceedings as a result of complaints submitted by civil society and
monitoring bodies, it reiterates the concern that it expressed in its previous concluding
observations (see CAT/C/CR/33/1, paras. 6 (b) and (c)) with regard to the situation of
impunity that persists, despite a large number of documented cases. According to reports
received, this situation is due to inadequate judicial investigations, which failed to support
the versions given by the victims, and the tendency of judicial officials to adhere to the
official version given by police and prison officers and to wrongly classify the acts in
question as lesser offences. The Committee is also concerned about the reluctance of
victims and witnesses to speak out for fear of reprisals, owing to the lack of a mechanism
that would provide them with protection, particularly if they are in detention (arts. 2, 12, 13
and 16).
30.
The Committee urges the State party to:
(a)
Ensure that all claims of torture or ill-treatment are investigated
promptly and impartially by an independent body, with no institutional or
hierarchical connection between the investigators and the alleged perpetrators. The
State party should, in that connection, consider establishing an independent judicial
police force under the authority of the Attorney General’s Office, as recommended by
the Subcommittee on Prevention of Torture (CAT/OP/ARG/1, para. 110);
GE.17-08409
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