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
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