CAT/C/ARG/CO/5-6 (b) Ensure compliance with the protocol on criminal investigation in cases of torture and the Minimum Rules on Action for the Investigation of Injuries and Killings Committed by Members of the Security Forces; (c) Ensure that the authorities automatically open an investigation wherever there are reasonable grounds for believing that an act of torture or ill-treatment has been committed; (d) Ensure that the alleged perpetrators are duly prosecuted and, if found guilty, receive penalties commensurate with the seriousness of their actions. The Committee draws the State party’s attention to paragraph 10 of its general comment No. 2 (2007), in which it emphasizes that it would be a violation of the Convention to prosecute conduct solely as ill-treatment where the elements of torture are also present; (e) Provide more training for prosecutors and judges in order to improve the quality of investigation and the correct classification of offences; (f) Guarantee that alleged perpetrators of torture and ill-treatment are immediately suspended from their duties and remain suspended for the whole period of the investigation, particularly where there is a risk that they would otherwise be in a position to reoffend, carry out reprisals against the alleged victim or hinder the investigation; (g) Establish a system for the protection and assistance of victims and witnesses of acts of torture who are deprived of liberty, with a view to protecting them against any form of reprisals; (h) Promptly adopt disciplinary measures and sanctions against State officials responsible for threatening or retaliating against victims or witnesses of acts of torture. National register of cases of torture and ill-treatment 31. While noting the administrative emergency declared in the National Statistical System, the Committee reiterates the concern that it expressed in its previous concluding observations (see CAT/C/CR/33/1, para. 7 (e)), which it first expressed in 1997, with regard to the lack of a register containing information from all the country’s courts on cases of torture and ill-treatment perpetrated by State officials, including information on any investigations and judicial proceedings that have been conducted and on the outcomes thereof (arts. 12 and 13). 32. The Committee reiterates its previous recommendation (see CAT/C/CR/33/1, para. 7 (e)) and urges the State party to establish an effective system for collecting statistical data at the national level, which should include information about complaints, investigations, prosecutions, trials and convictions in cases of torture or ill-treatment and also about the measures of redress, particularly compensation and rehabilitation, provided for victims. In setting up such a system, the State party should take advantage of the data collection and case registration work done by other bodies, such as the Prison System Ombudsman, the Buenos Aires Provincial Memory Commission and the Gino Germani Institute of Buenos Aires University. Non-refoulement and detention for migration-related reasons 33. Although it appreciates the recognition of the principle of non-refoulement in the legislation on asylum (Act No. 26165, arts. 2 and 7) and extradition (Act No. 24767, art. 8), the Committee is concerned that the Supreme Court decided in 2015 to authorize the extradition of a person who could have been subjected to the death penalty in the requesting country, justifying its decision on the basis of diplomatic assurances that the death penalty would not be imposed (the Sonnenfeld case). Although the Federal Government did not carry out that extradition, the Committee recalls that diplomatic assurances should not be used to undermine the principle of non-refoulement. The Committee is worried by reports that migrants, including family groups, are being refused entry at the border, without being able to challenge the decision or being allowed access to legal aid. It is also concerned 8 GE.17-08409

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