A/HRC/40/59/Add.2
of these mechanisms is an international legal obligation accepted by Argentina under the
Optional Protocol, and that regular independent monitoring of all places of detention is one
of the most effective tools to reduce the risk of torture and ill-treatment. While he welcomes
the establishing of several other bodies tasked with the prevention of torture and ill-treatment
and the monitoring of detention conditions at the federal level, such as the Office of the
Ombudsman for the Prison System, in charge of conducting investigations and monitoring
conditions of detention and risks of torture in federal jails, and the Inter-institutional Prison
Control System, the Special Rapporteur calls upon the authorities to ensure that the local
prevention mechanisms in each province are fully functioning and effective, in line with the
treaty obligations of Argentina.
III. Addressing the crimes of the past: progress and setbacks
11.
The Special Rapporteur acknowledges and commends the significant efforts made by
successive elected Governments of Argentina to hold accountable those responsible for the
human rights abuses perpetrated during the military dictatorship. Still, the Special Rapporteur
notes that the process of truth, accountability and redress is not yet complete: many victims
are still missing, many cases remain unresolved and many perpetrators are yet to be brought
to justice.
12.
The Special Rapporteur notes with concern that there have been setbacks in the
process of prosecuting and imposing appropriate sanctions for crimes involving torture and
other ill-treatment committed by agents of the State during the military dictatorship. In this
context, he would like to underline the obligation of Argentina under national and
international law to prosecute any and all crimes involving torture or ill-treatment and to
impose adequate penalties that reflect the gravity of the offence. Penalties proportionate to
the seriousness of the offence also serve as a deterrent to prevent the recurrence of such acts
in the future. Consequently, the imposition of inadequately light penalties and the granting
of pardons are incompatible with the State’s obligations to prevent acts of torture and to
impose appropriate sanctions for such acts.1
13.
The Special Rapporteur urges the Government to allocate sufficient resources to
ensure the timely processing and adjudication of the remaining cases and trials for crimes
against humanity, including torture, to ensure adequate sanctions commensurate with the
gravity of the crime, to prevent any form of impunity and to provide full redress and
rehabilitation to the victims as required by international law.
IV. Torture and ill-treatment
A.
Excessive use of force by the police
14.
In the Special Rapporteur’s meetings with the judicial, legislative and executive
branches of government at both the federal and the provincial levels, all officials emphasized
their unequivocal commitment to the absolute and non-derogable prohibition of torture and
other cruel, inhuman or degrading treatment or punishment. However, in his meetings with
civil society organizations, members of indigenous communities and inhabitants of
marginalized neighbourhoods, he received numerous allegations of torture and ill-treatment
attributed to law enforcement officials.
15.
In particular, the Special Rapporteur received several consistent allegations of the
excessive use of force by law enforcement officials in the context of forced evictions and
demonstrations, including in the city of Buenos Aires during the Women’s March on 8 March
2018, during demonstrations against a pension reform on 14 and 18 December 2017, and
during protests on 5 March 2018 related to the extradition of Mapuche leader Facundo Jones
Huala to Chile.
1
4
See Urra Guridi v. Spain (CAT/C/34/D/212/2002).