Breadcrumb
In Dialogue with Argentina, Experts of the Committee against Torture Praise Training of Prison Monitors, Ask about Excessive Use of Force against Protesters and Reports of Torture in Detention Facilities
The Committee against Torture today concluded its consideration of the seventh periodic report of Argentina under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, with Committee Experts praising the State’s training of prison monitors, and raising questions about excessive use of force by the police against protesters and reports of torture in detention facilities.
Jorge Contesse, Country Rapporteur and Committee Expert, congratulated the State party on establishing a register of detainees and training more than 400 people in carrying out monitoring visits to prisons as part of the national preventive mechanism.
Mr. Contesse raised concerns regarding the resolution on maintaining public order published in December 2023, which permitted the use of force by the police in response to protests that blocked traffic. Since its issuance, over 1,500 people, including journalists, had reportedly fallen victim to acts of violence by the police at demonstrations. What had been done to investigate these reports?
Todd Buchwald, Country Rapporteur and Committee Expert, said that, reportedly, violence affected the entire prison population. There were reports of prison officers gouging inmates’ heads into buckets of water, tying prisoners in submissive positions, and forced medication of prisoners. What measures would the State party take to ensure that allegations of torture were investigated?
Mr. Buchwald said Argentina currently had the highest rate of persons imprisoned in the history of the country. Many people were being detained long-term in police facilities that were not designed for long-term stays, with overcrowding forcing some inmates to sleep in bathrooms. How was this issue being addressed?
Introducing the report, Alberto Baños, Undersecretary of Human Rights of Argentina and head of the delegation, said that since December 2023, Argentina had been going through a process of structural reorganisation. The reforms undertaken reflected the Argentine Government's decision to strengthen the rule of law, consolidate institutional transparency, and prevent all forms of torture or degrading treatment.
Mr. Baños said the results were gradually appearing - processing times in administrative cases and immigration proceedings had been reduced, the number of prison inspections had been increased, control of detention conditions had been improved, and training of security and health personnel on the Istanbul Protocol and international human rights standards had been expanded.
Continuous professional training for the security forces and the federal prison system had been strengthened, aimed at ensuring the legitimate and proportionate use of force, compliance with national and international standards on dignified treatment, and the prevention of all forms of abuse or institutional violence, Mr. Baños said.
The delegation added that the Prison Authority and the national preventive mechanism conducted regular visits to prisons and recorded complaints of ill-treatment and torture. There were several oversight mechanisms for the Prison Service, and there was an anonymous and independent telephone reporting system in place. Judicial authorisation was required for any medical interventions on inmates, which needed to be carried out in medical institutions.
On the protocol on the maintenance of public order, the delegation said that it did not aim to restrict the right to demonstrate, and did not apply to typical large protests that affected traffic. Instead, it applied to the abusive shutdown of streets by persons who sought to disturb public order. The protocol had oversight, was proportionate and guaranteed the right to demonstrate.
Julián Marcelo Curi, Undersecretary of Penitentiary Affairs of Argentina, said that, to address prison overcrowding, last year, a new prison with 500 places had been opened and 200 additional places had been made available in existing prisons. Another new prison with 1,200 places was being constructed in Santa Fe. A new protocol for prison staff training had also been published a few weeks ago.
Mr. Baños, in closing remarks, said that the State party did not doubt the Committee’s good intentions. However, the State party regretted the influence of some aggressive non-governmental organizations on the Committee. The State party sought to defend the democratic interests of its people.
In his closing remarks, Claude Heller, Committee Chair, said that the Committee contacted several different sources, working with integrity to ensure that the State party implemented the Convention. Based on the dialogue, the Committee would devise achievable recommendations that were rooted in reality. It was interested in continuing its dialogue with Argentina.
The delegation of Argentina consisted of representatives from the Ministry of National Security and the Permanent Mission of Argentina to the United Nations and other international organizations in Geneva.
The Committee will issue concluding observations on the report of Argentina at the end of its eighty-third session on 28 November. Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the session’s webpage. Summaries of the public meetings of the Committee can be found here, and webcasts of the public meetings can be found here.
The Committee will next meet in public on Tuesday, 18 November at 10 a.m. to begin its examination of the fourth periodic report of Bahrain (CAT/C/BHR/4).
Report
The Committee has before it the seventh periodic report of Argentina (CAT/C/ARG/7).
Presentation of Report
ALBERTO BAÑOS, Undersecretary of Human Rights of Argentina and Head of the Delegation, said that since December 2023, Argentina had been going through a process of structural reorganisation aimed at recovering institutional efficiency, transparency and legal certainty. This process, implemented through several executive branch decrees, redefined ministerial competencies, updated regulatory frameworks, and strengthened control mechanisms. These reforms reflected the Argentine Government's decision to strengthen the rule of law, consolidate institutional transparency, and prevent all forms of torture or degrading treatment.
Decree 8 of 2023, which reorganised the law on ministries, allowed the executive branch to reduce administrative fragmentation and improve coordination between essential areas such as justice, security, health and human rights. Decree 70 of 2023 declared an administrative and regulatory emergency and simplified the procedures that hindered public management. Through this measure, investments in prison infrastructure could be made more quickly, and prisoner registration systems and staff training programmes could be implemented under parliamentary and judicial control.
Significant progress had also been made in the protection of migrants and refugees. Decrees 819 and 942 of 2024 and decree 366 of 2025 modernised the refugee regime and the migration law. These reinforced the guarantees of due process, established clearer and faster procedures, and ensured that all administrative decisions were founded, registered and judicially reviewable. Under the decrees, control of detention conditions was optimised, and prevention mechanisms were strengthened in coordination with human rights organizations.
Decree 605 of 2025 provided for the transfer of the National Registry of Genetic Data to the Ministry of Security, a measure that strengthened investigations related to crimes against sexual integrity and guaranteed the traceability of evidence and the protection of victims. Argentina was moving towards a more open, transparent and controllable public administration, where policies in the areas of justice and security were based on verifiable data and not on discretion.
The results were gradually appearing - processing times in administrative cases and immigration proceedings had been reduced, the number of prison inspections had been increased, control of detention conditions had been improved, and training of security and health personnel on the Istanbul Protocol and international human rights standards had been expanded.
Argentina reaffirmed its full commitment to the Convention and to the international system for the protection of human rights. It also reaffirmed its willingness to cooperate actively with this Committee, to implement its recommendations, and to consolidate a modern, accountable and controlled State, which guaranteed that no person under its jurisdiction suffered torture or degrading treatment.
In this new framework, the Ministry of Justice of the Nation concentrated coordination in the areas of human rights, criminal policy, and assistance to victims through the Undersecretariat for Human Rights, Undersecretariat of Criminal Policy, and Undersecretariat of Access to Justice. The Ministry of National Security had assumed the leadership of the federal penitentiary service and records related to penal enforcement and the prevention of institutional violence.
The written report submitted by Argentina in 2021 was prepared under a previous administration and did not reflect the policies, priorities or organisational framework in place since December 2023. For this reason, the present delegation would not make a substantive defence of that document, but would provide a comprehensive oral update, which would allow the Committee to understand the current institutional reality and measures adopted to comply with the Convention.
Continuous professional training for the security forces and the federal prison system had been strengthened, aimed at ensuring the legitimate and proportionate use of force, compliance with national and international standards on dignified treatment, and the prevention of all forms of abuse or institutional violence.
Argentina considered it essential that international human rights bodies adapt their review mechanisms to current contexts, to reflect more accurately the institutional realities and management changes of States parties. Argentina appreciated the opportunity to participate in the dialogue, convinced that the exchange with the Committee would contribute to the strengthening of democratic institutions and to the continuous improvement of public policies in the field of human rights.
JULIÁN MARCELO CURI, Undersecretary of Penitentiary Affairs of Argentina, said Argentina sought to implement human rights principles and protect people in situations of vulnerability. Persons working in the Prison Service recognised the importance of recent legal changes, which contributed to the protection of detainees and the prevention of torture. Decree 4534 established the new statute for the Federal Penitentiary Service, introducing norms aimed at protecting detainees’ human rights, including their right to reintegrate into society after serving their sentences, and safeguarding society.
The prison system was under significant strain. To respond to this, last year, a new prison with 500 places had been opened and 200 additional places had been made available in existing prisons. Another new prison with 1,200 places was also being constructed in Santa Fe. Prison staff salaries had been almost doubled recently, and a new protocol for prison staff training had also been published a few weeks ago.
DIEGO HERNÁN GOLDMAN, Legal Undersecretary of the Ministry of National Security of Argentina, said that the defence of human rights was one of the key pillars of Argentina’s public policy. The current administration was streamlining the use of public resources to ensure the full respect of human rights of all citizens. Through the restructuring of the National Refugee Commission, Argentina had managed to quadruple refugee processing year on year for the last two years.
The State had continued to streamline management of the security forces, increased the length of training for these forces, and adapted courses to the conditions in which they operated. A module on the proportionate use of force had been added to the training programme. Security forces’ use of force needed to be based on the principles of legality, proportionality and responsibility. Firearms were only to be used as a last resort when there was an immediate and serious threat to life. Training on international human rights law had also been strengthened. The National Body for Transparency and Integrity carried out investigations into oversteps in the context of police actions.
Questions by Committee Experts
JORGE CONTESSE, Committee Expert and Country Rapporteur, said that there seemed to have been backsliding regarding some of Argentina’s human rights commitments. Nine United Nations Special Rapporteurs and Independent Experts had requested Argentina’s urgent attention in the face of the deterioration of fundamental freedoms and civic space. The Committee was also concerned that “human rights” had been removed from the name of the Ministry of Justice; that the Secretariat of Human Rights had been downgraded to an “Undersecretariat”; that numerous public policies affecting the exercise of fundamental rights and freedoms had been implemented through executive branch decrees; and that there were numerous vacancies in high State agencies, such as the Attorney General's Office, the Ombudsman's Office, and the Prison Prosecutor, since 2023.
Article 144 of the Criminal Code prescribed a maximum sentence of 25 years for the offence of torture. The Committee was concerned that the article did not fully conform with the definition contained in article one of the Convention, as it did not specify the purpose of the conduct or incorporate as possible perpetrators persons acting with the acquiescence of public officials. Many cases that could be described as torture were often assigned lighter penalties. Were there examples of cases in which courts had used the Convention to interpret article 144 of the Criminal Code, or in which individuals who acted under orders or the acquiescence of State agents were held responsible? The draft reform of the Criminal Code included harsher penalties, a drop in the age of criminal responsibility, and an expedition of legal proceedings. The draft also reformed article 144, removing serious psychological suffering as a form of torture. Would the State party consider the opinions of legal experts on torture in its revision of this law?
In December 2023, the Ministry of Security published a resolution on maintaining public order that criminalised all demonstrations that blocked traffic and permitted the use of force by the police in response. This resolution had reportedly been used against numerous demonstrations since its issuance, with over 1,500 people, including journalists, falling victim to acts of violence by the police. In the March 2025 protests, one journalist had suffered serious head injuries when he was struck in the head by a tear gas cannister. The Minister of Security had publicly justified the use of pepper spray against minors. How did the police decide whether to invoke this resolution? What had been done to investigate reports of excessive use of force by the police in June 2024 and March 2025 protests, among others?
Resolution 704 of 2024 regulated the use of non-lethal weapons to immobilise demonstrators. It had been criticised as being too vague, facilitating excessive use of force. What steps had been taken to monitor the use of force against demonstrators? What protocols were in place to ensure that the police’s use of force was strictly necessary and proportionate, and that perpetrators of excessive use of force were investigated and held to account?
The Committee was concerned about the detention of young people without a warrant, and by reports of beatings of detainees and homeless people by the police. New protocols appeared to criminalise homeless people, using the excuse that they suffered from mental illnesses. What measures were in place to ensure that protocols on police actions were standardised and aligned with international law?
There were reports of institutionalised and systematic violence against detainees during arrest and in police stations. Some individuals were reportedly subjected to the “dry submarining” torture technique, while other reported having cold water thrown on them, or being shocked with electric charges. How did the State party ensure that detainees had access to effective legal defence and confidential communication mechanisms, and that they were given an independent medical examination in the opening hours of the investigation?
The Committee congratulated the State party on establishing a register of detainees and training more than 400 people in carrying out monitoring visits to prisons as part of the national preventive mechanism. Some provincial monitoring bodies reportedly had a lack of administrative independence and prevented certain officers from carrying out monitoring visits. Some officers of the national preventive mechanism had been prevented in April 2024 from visiting a federal detention centre because their mandates had expired. Throughout 2024, no action had been taken to restore these mandates. How would the State party ensure that these mandates were extended and that open monitoring posts were filled? How was the State party ensuring that members of the national preventive mechanism had access to all places of detention and sufficient resources?
In 2024, the Government amended the structure of the National Commission for Refugees and dissolved the National Institution against Discrimination, Racism and Xenophobia. Reportedly, this modification had led to serious backsliding in terms of refugees’ rights and weakening of the refugee protection system. Reforms had reduced the possibility of appealing extradition decisions and removed the suspensive effect of judicial appeals. This ran counter to the Convention. A new decree placed the implementation of immigration policies under the aegis of the Ministry of Security. How was the State party guaranteeing the rights of migrants and asylum seekers in this context and preventing refoulement?
The Committee was concerned about the two vacancies for positions in the Supreme Court, and actions taken by Argentina against the United Nations Special Rapporteur on the independence of judges and the judiciary. It was concerning that the State party had brought a criminal case against a judge relating to the exercise of her duties. How did the State party ensure judicial independence?
TODD BUCHWALD, Committee Expert and Country Rapporteur, welcomed Argentina’s commitments to fulfilling its human rights obligations and to cooperating with the Committee. The State party’s report had referenced the prevalence of impunity for the acts of some State officials, frequent classification of acts of torture as lesser offences, and a climate in which witnesses and victims feared reprisals. Reportedly, the judicial system currently lacked effective protections against reprisals and violence affected the entire prison population. There were reports of gouging inmates’ heads into buckets of water, tying prisoners in submissive positions, and forced medication of prisoners. There appeared to be sufficient information to prosecute some offenders, but in many cases, this had not been done.
What steps had been taken to collect data on cases of abuse by prison officials against detainees? How many cases involved senior officials carrying out or ordering abuse? How did the State party ensure that there was no hierarchical link between alleged perpetrators and persons carrying out investigations? What measures would the State party take to ensure that allegations of torture were investigated as such, and to ensure that alleged offenders were removed from their posts while under investigation? How did it ensure that victims had access to their police files?
What training was provided to security officials, members of the judiciary, and medical teams on the Convention and other relevant international norms, such as the Mandela Rules, the Istanbul Protocol, and the Mendez Principles? What percentage of personnel received this training? What mechanisms were in place to assess the effectiveness of training programmes?
Argentina currently had the highest rate of persons imprisoned in the history of the country. Many detention facilities were reportedly overcrowded, with many people being detained long-term in police facilities that were not designed for long-term stays. Overcrowding in police stations had reportedly forced some inmates to sleep in bathrooms. These facilities had a lack of food, inappropriate hygiene facilities, and a lack of outdoor recreation and educational activities. How was this issue being addressed? There was an excessive use of pre-trial detention, and recent legal changes seemed to exacerbate the issue by expanding the grounds for holding persons in pre-trial detention. What measures were in place to limit the use of pre-trial detention, establish a maximum time for such detention, and ensure that judges and prosecutors received training on international standards on pre-trial detention?
Over a quarter of prisoners had been imprisoned for violating drug legislation, which criminalised relatively minor acts. Had the State party used alternative measures to detention in recent years for drug offenders to address overcrowding? A 2017 law made it more difficult for persons accused of drug crimes to obtain early release. Would the State party consider revising this?
There were also reports of a deterioration of conditions in prisons. How was the State party working to improve prison conditions? How did it ensure that solitary confinement was used only as a last resort and in line with the Mandela Rules, ensuring detainees’ access to medical treatment? There were reports of persons being held in solitary confinement for more than the 15-day maximum established in the Mandela Rules, in some cases for more than four months. What were the maximum and average durations of solitary confinement and what monitoring of solitary confinement was in place? Could minors and persons with disabilities be subjected to solitary confinement? What measures were in place to allow prisoners in solitary confinement to report abuse confidentially without fear of reprisal? How did the State party ensure that prison body searches conformed with international norms?
The mortality rate for detained persons was 3.5 for every thousand detainees in prison facilities and 5.7 per thousand in police facilities. More than half of deaths in custody had not been fully investigated and had been archived due to the passage of time. Did the State party have a standard protocol for investigating deaths in custody that complied with the Minnesota Protocol? Was an independent autopsy and investigation carried out immediately following a death in custody?
How did the State party ensure sufficient conditions for woman prisoners? What medical services were provided to pregnant mothers? There were reports of pregnant women being handcuffed and tied to hospital beds while in labour; how would this be prevented? How would the State party increase the possibility of house arrest for women with young children?
Prison medical services were not under the authority of the Ministry of Health but rather the Ministry of Justice, in violation of the Mandela Rules. Had there been efforts to transfer responsibility to the Ministry of Health and local health authorities?
There were reports of excessive use of force by provincial police against hundreds of indigenous demonstrators, and a law that prevented the eviction of indigenous peoples from their native lands had been repealed. What measures were in place to prevent, investigate and punish acts of violence against indigenous peoples?
One Committee Expert welcomed progress in providing reparation to 4,000 victims of past acts of torture and cruel, inhuman or degrading treatment. Another commended laws, policies and practices in place to prevent trafficking in persons.
Other Committee Experts asked questions on support provided to the victims of historic acts of torture and their families; the State party’s efforts to preserve and facilitate access to the national archive of memory and other memorial sites; detainees’ access to mental health care and medical services for drug addiction; measures to address the insufficient staffing of prison medical services and ensure their independence; measures to prevent tuberculosis and other preventable illnesses in prisons; training on international human rights law for Argentine members of peacekeeping forces; efforts to digitise and improve bureaucratic mechanisms to address lengthy pre-trial detention periods; and measures to address the low number of convictions of human traffickers, protect transgender individuals from trafficking, and address illegal adoptions.
Responses by the Delegation
The delegation said that it was concerned that some situations had been taken by the Committee to be true, while Committee members had not revealed the sources of many of the reports they had presented, some of which were false and did not align with reality. Vacant positions on the Supreme Court had not been filled due to the constitutional review process currently underway. Argentina had a division of powers. Law 2623, which dealt with emergency measures, had been addressed by both chambers of parliament.
The Prison Authority and the national preventive mechanism conducted regular visits to prisons and recorded complaints of ill-treatment and torture. There were several oversight mechanisms for the Prison Service. Over 20 officials from the Prison Service had been convicted for ill-treatment of detainees in 2023 thanks to the oversight mechanism set up by the Supreme Court. There was an anonymous and independent telephone reporting system in place that could be accessed by all detainees.
The protocol on the maintenance of public order did not aim to restrict the right to demonstrate, and did not apply to typical large protests that affected traffic. Instead, it applied to the abusive shutdown of streets by persons who sought to disturb public order.
Serious crimes such as crimes against humanity and organised crimes were grounds for rejecting refugee applications. The State party had implemented reforms to expedite refugee processing. In 2024 and 2025, the number of accepted applications for refugee status had greatly increased. Many of these applicants were Russian nationals who belonged to the lesbian, gay, bisexual, transgender and intersex community, or were conscientious objectors.
Currently, there were eight women inmates who were pregnant and three who were staying with their children in prison. The right to health for these inmates was guaranteed. The Federal Prison Service guaranteed primary health care for inmates and all inmates were given medical examinations upon entering prisons. Inmates were also guaranteed the right to health services in either public or private medical centres.
The delegation stressed that many of the reports referred to by the Committee contained demonstrably false data, submitted by non-governmental organizations that were hostile to the current administration. It was not true that the current administration had set aside memory policies. No memory sites had been closed or abandoned, nor had the National Archive on Memory. Payments made under reparation laws had not been stopped. When the current Government came into power, there were many unresolved files relating to the deaths of over 1,000 persons due to past terrorist acts. The victims of these acts and their families needed to be provided with adequate reparation. More than 500 administrative decisions had been made related to pending files in 2025, which had resulted in 227 payment orders.
The Secretariat of Human Rights had not been dismantled. It had been turned into an Undersecretariat to optimise its work and the management of its staff. Its location and its mandate to preserve memory had not been changed.
The anti-picketing protocol did not aim to restrict fundamental rights; it aimed to guarantee the freedom of movement and access to essential services for all citizens. There were over 9,000 pickets in 2022 and over 8,000 in 2023. These hindered citizens from moving freely around their cities. Dealing with this situation was a key election promise for the current administration. The protocol did not allow for the indiscriminate use of force. The use of force was subject to judicial oversight and the security forces followed international norms, using only non-lethal weapons. The Government sought to protect the rights of protesters and third parties. There was unprecedented popular support for this protocol.
Decree 704 did not broaden the use of force by security forces; rather, it regulated it. All peaceful demonstrations were fully protected. Physical force was only used as a last resort, when individuals rejected authorities’ requests to desist. All police agents recorded demonstrations and external oversight mechanisms monitored the actions of the police.
All detentions needed to have a legal basis and be immediately recorded. There were no crimes of vague status that allowed for arbitrary detention. Any irregularities concerning detentions were immediately investigated. Some 30 per cent of the training provided to peacekeeping forces was devoted to human rights and international humanitarian law.
In Mendoza province, there was an autonomous constitutional body that was assessing the conduct of a judge who had overturned a ruling by the Government banning the use of mobile phones in prisons. This process could conclude with the judge continuing their duties or with the removal of the judge from their post. There was no prosecution of judges in Argentina. The executive sought to facilitate the independence of the judiciary.
The State did not tolerate institutional violence. It was implementing the Istanbul Protocol and carrying out medical examinations immediately after detentions. Judicial authorisation was required for any medical interventions on inmates, which needed to be carried out in medical institutions. Training programmes in human rights for prison staff had been strengthened. All police also received ongoing, standardised training on the prevention of torture, the effectiveness of which was assessed.
All violations against persons deprived of liberty were considered as serious crimes under article 144 of the Criminal Code. Even when the threshold for torture was not reached, the article provided for prison sentences and perpetual disqualification for officers involved. In 2025, several officials were convicted for torture and falsifying information and sentenced to life imprisonment.
Currently, there were around 12,000 inmates, and the State’s prisons were five per cent over capacity. The current administration was constructing new prisons and was working to increase the number of places in existing prisons to address overcrowding. The State party had also been implementing alternatives to detention, including electronic bracelets, across the State. No detainees were subjected to conditions contrary to human dignity.
Persons who carried out inspections of prisons went through a comprehensive training protocol that aimed to protect the physical and mental integrity of prisoners and prevent threats to public security. These staff worked in very difficult circumstances. Detection technologies such as scanners and electronic devices had been introduced by the current administration to support their work.
Inmates were assisted on an ongoing basis by professional medical staff of various specialisations, including mental health staff. Primary health care was provided within prisons to detect acute and chronic diseases. Vaccinations were provided for prisoners, and healthy lifestyles were promoted within prisons. Since 2022, telemedicine services had been provided to address the needs of inmates. Specialised support was provided to inmates with disabilities. Some 289 medical staff were trained in and followed the Istanbul Protocol, the Mandela Rules and other international standards.
A national council and various provincial bodies were working to combat trafficking, and the Police Service and the Public Prosecutor’s Office had specialised departments working on trafficking. Over the last five years, there had been more than 200 sentences for crimes of trafficking, including 21 sentences in 2025. The United States State Department had recognised Argentina as one of the 30 countries worldwide that had made the greatest progress in tackling trafficking.
Questions by Committee Experts
JORGE CONTESSE, Committee Expert and Country Rapporteur, said that the Committee was independent. It undertook its best efforts to analyse the implementation of the Convention with the information available to it. It did not intend to attack any State. The Committee had received over 20 reports from civil society organizations, which were publicly available. In the dialogue, the Committee aimed to clarify the factuality of the information in these reports.
Was it correct that because of the downgrading of the Secretariat of Human Rights, around half of its staff had been dismissed? Was its budget for memorial sites in 2025 zero?
There was a large amount of evidence of acts of aggression against protesters committed by the police. Were the mechanisms introduced in the anti-picketing protocol necessary, proportionate and appropriate? How did the State determine when the protocol should be applied and ensure that it was not applied arbitrarily? The Government had passed a resolution that appeared to allow it to take away social benefits from people who had participated in protests. What was the logic behind this? How did the State ensure that security forces were effectively implementing training on the use of non-lethal weapons?
How did the State party ensure that its use of decrees did not harm judicial independence? Politicians could exert undue influence on judges if they had the ability to appoint them. A judge had freed 114 individuals who had been detained in protests. Why was this judge under investigation? What administrative processes were underway related to institutional violence?
TODD BUCHWALD, Committee Expert and Country Rapporteur, said that the Committee did not deny the Government’s need to maintain security. However, human rights also needed to be protected. The prison medical service needed to be made independent from the penitentiary service.
Had the State party addressed the issues raised by the Committee on the Rights of the Child related to the high number of children in detention and the poor conditions of detention facilities for children? What measures were in place to oversee “therapeutic communities” in Buenos Aires, where people were reportedly involuntarily confined? How did the State party calculate prison occupancy rates? The Committee had previously expressed concerns that the State calculated this based on between two- and three-square metres per inmate, lower than the international standard of four.
Other Committee Experts asked about the reason for the disbanding of the team that analysed the armed forces’ archives; and efforts to revise trafficking laws to allow for the prosecution of companies that facilitated trafficking.
Responses by the Delegation
The delegation said the information referenced by the Committee was false and biased. The current administration had an extremely precarious funding situation when it took office. It had embarked on a modernising process that included budgetary reductions for the activities of the Undersecretariat on Human Rights, which had affected the National Archive of Memory and memory museums. However, the Government continued to support archives of war crimes and crimes against humanity.
None of the reports cited by the Committee addressed injuries sustained by police officers working to establish order. In 2025, 200 police officers were injured. There was a long-standing practice not to submit complaints against persons who injured police officers. The protocol on picketing had oversight, was proportionate and guaranteed the right to demonstrate. There was no systematic intent to undermine protesters’ rights.
One civil society organization had reported that 2,500 persons had been injured in one protest, even though only around 500 persons had participated in the protest. This organization had stated that its mandate was combatting the current administration.
The current law on trafficking did not recognise the responsibility of organizations in trafficking crimes, but there were related offences that did recognise the responsibility of organizations.
Concluding Remarks
CLAUDE HELLER, Committee Chair, said that the Committee contacted several different sources, holding private meetings with non-governmental organizations, national human rights institutions, national preventive mechanisms, United Nations agencies and other international bodies. It did not rely on arbitrary information. The State party’s report was outdated, so the dialogue was an opportunity to set the record straight. The Committee acted with integrity and independence, working to ensure that the State party implemented the Convention. Based on the dialogue, the Committee would devise concluding observations, which would contain recommendations rooted in reality that the Committee judged were achievable. The Committee was interested in continuing its dialogue with Argentina.
ALBERTO BAÑOS, Undersecretary of Human Rights of Argentina and Head of the Delegation, said that the State party did not doubt the Committee’s good intentions. However, there were cases in which it seemed that some Committee Experts had overstepped their mandate and were attacking the State. Attempts were made to describe a system that society in Argentina had already rejected. This represented an ideological colonisation and an attempt at perversion of the course of democracy. The people of Argentina wanted the State party to continue its efforts to achieve peace. It was impossible to live in cities with thousands of pickets per year. The police worked to establish order. The State party regretted the influence of some aggressive non-governmental organizations on the Committee. The State party sought to defend the democratic interests of its people.
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