victims of torture to receive moral and medical compensation and treatment for
the injury they had suffered.
104. Replying to the questions raised with regard to the legal framework for the
application of the Convention, the representative of the reporting State
explained that international conventions applied throughout the federal
territory of Argentina and provincial jurisdiction was transferred to the
federal level. International instruments ratified by Argentina were directly
applicable in the courts in the same way as domestic legislation and took
precedence over it. In addition, he explained that, under new legislation, the
system in force in the city of Cordoba, whereby lawyers could be present in
police stations, would be extended to all parts of the country. He also
indicated that the 1853 Constitution of Argentina fully guaranteed the rights of
individuals and the freedoms of citizens. Its article 18 prohibited the use of
ill-treatment and torture and plans to amend that text were in the early stages.
Concerning the procedure for the appointment of judges, the representative
informed the Committee that judges were nominated by the executive through the
Ministry of Justice and appointed by agreement of the Senate. To strengthen
that procedure, a Council for the Judiciary had been set up, composed of
officials who took part in the appointment and dismissal of judges. Regarding
the matter of national institutions established for the protection of human
rights, the representative informed the Committee that two governmental bodies
existed to which non-governmental organizations and citizens could make appeals
in the event of alleged violations of human rights. One was the General
Department of Human Rights and the Status of Women of the Ministry of Foreign
Affairs and Worship and the other was the National Department of Human Rights of
the Ministry of the Interior. Those two bodies could refer complaints to the
courts. The report of the National Department of Human Rights of the Ministry
of the Interior indicated that his Government was eager to conduct more
efficient investigations of cases of unlawful coercion.
105. With reference to allegations of ill-treatment and torture reported by
non-governmental organizations, the representative stated that he did not have
the information necessary to provide a detailed reply. However, if Amnesty
International had specific offences to denounce, it should apply to the
appropriate authorities so that, if enough evidence could be collected to
warrant a serious investigation, the cases would be followed up in the normal
way and brought before the courts. He also indicated that his Government would
reply in writing to the request for clarifications about the death of
Sergio Gustavo Duran. In addition, he stated that the military personnel and
police officers guilty of acts of torture at La Tablada in 1989 had been tried
under ordinary law because the Defence of Democracy Act did not provide for
penalties for such acts. As yet, not all sentences had been handed down and the
Government of Argentina would communicate all relevant information to the
Committee as soon as possible.
106. Concerning article 2 of the Convention, the representative referred to the
new Code of Penal Procedure and explained that the Argentinian legal system had
recently been thoroughly reorganized and that the relevant organization act had
established a number of new courts. He also indicated that it had been
necessary to proclaim a state of siege in the country on two occasions as a
result of social tensions during the establishment of a fully democratic regime.
The state of siege had not laster more than 30 days and only freedoms of
assembly and movement had been restricted. The state of siege had been declared
only in certain regions of the country and article 4, paragraph 2, of the
International Covenant on Civil and Political Rights, prohibiting derogation
from certain fundamental rights, had been fully respected.
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