The Correction Of Its Creation - Full Text Of The Norm

Original Language Title: PROCURACION PENITENCIARIA SU CREACION - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
PENITENCIARY PROCURATION Law 25.875 Créase en el ámbito del Poder Legislativo, con el objetivo de proteger los derechos humanos de las personas privados de su libertad por cualquier razones en jurisdicción federal. Procedure for the election of the Prison Prosecutor by the Congress of the Nation. Term of office. Appointment. Incompatibility. Cese. Restitution. Privileges. Designation of a Deputy. From the procedure: competence, initiation and content of the investigation. Obligatoriedad de colaboración. Responsibility regime. Scope of resolutions, communications and reports. Personal. Economic resources. Periods. Sanctioned: December 17 of 2003 Enacted: January 20, 2004

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

PENITENCIPLES

PART I

Creation. Appointment. Cese and conditions.

CHAPTER I

Character and choice

ARTICLE 1 . Creation. The Penitentiary Procuration, which exercises the functions established by this law, is established within the legislative branch of the Nation, without receiving instructions from any authority.

The fundamental objective of this institution is to protect the human rights of inmates within the Federal Prison Regime, of all persons deprived of their liberty for any reason in federal jurisdiction, including police stations, mayors and any kind of premises where persons deprived of their liberty and of persons convicted and convicted of national justice are held in provincial institutions.

ARTICLE 2 . Owner. Way of choice. It is the holder of that agency an official named the Prison Procurator who is elected by the Congress of the Nation according to the following procedure:

(a) The Permanent Bicameral Commission that has been formed to elect the Ombudsman, in accordance with article 2 (a) of Law 24,284, within a period not exceeding thirty (30) days after the promulgation of this Law, and meeting under the chairmanship of the President of the Senate, must propose to the Chambers of one (1) to three (3) candidates for the position of the Prison Prosecutor;

The decisions of the Bicameral Commission are taken by a simple majority;

(b) Within thirty (30) days following the Bicameral Commission's pronouncement, both Chambers elect by the two-thirds vote of their members present to one of the proposed candidates;

(c) If in the first ballot, no candidate obtains the required majority in the preceding paragraph, the voting must be repeated until it is reached;

(d) If the candidates proposed for the first ballot are three (3) and the assumption of subparagraph (c) should be made of the two (2) candidates most voted in it.

ARTICLE 3 . Duration. The term of office of the Penitentiary Procurator is five (5) years, and may be re-elected only once according to the procedure set out in the previous article.

ARTICLE 4 Qualities to be chosen. Any person who meets the following conditions may be elected:

(a) Being native Argentine or by choice;

(b) To be at least 30 years old;

(c) Poseer title of counsel;

(d) Accrediting experience in the defence of human rights and in the field of the law of criminal execution.

ARTICLE 5° . Appointment. Shape. The appointment of the Prison Procurator is in a joint resolution signed by the presidents of the Chambers of Senators and Deputies, which must be published in the Official Gazette and in the Journal of Sessions of both Chambers.

The Penitentiary Procurator takes office before the authorities of both Chambers by oathing to duly discharge the position.

ARTICLE 6 . Remuneration. The Prison Procurator receives the remuneration established by the H. Congress of the Nation.

CHAPTER II

Incompatibility. Cese. Restitution. Privileges.

ARTICLE 7 . Incompatibility. The position of the Prison Procurator is incompatible with the performance of any other public or private activity, except teaching.

ARTICLE 8 . Activity. The activity of the Prison Procuration is not interrupted in the recess period of the H. Congress of the Nation.

ARTICLE 9 . Incompatibility. Within ten (10) days of his appointment and before taking office, the Prisoner must cease in any situation of incompatibility that might affect him, on the contrary, which does not accept the appointment.

ARTICLE 10. Cese. Cause them. The Penitentiary Procurator ceases in his functions for one of the following reasons:

(a) By resignation;

(b) Due to the expiration of the term of office;

(c) By overcoming incapacity, accredited by faith;

(d) For having been convicted of a felony by a firm sentence;

(e) Notorious negligence in the performance of the duties of office;

(f) For having incurred some situation of incompatibility provided for in this Act.

ARTICLE 11. Cese. Forms. In the cases provided for in article 10 (a) and (d), the cessation shall be arranged by the presidents of both Chambers.

In the cases provided for in subparagraphs (c), (e) and (f) of the same article, the cessation is decided by the vote of the two thirds of members present in both Chambers, after the discussion and hearing of the person concerned.

In the event of the death of the Penitentiary Procurator, his provisional replacement should be carried out in accordance with the rules set out in article 13, promoting the appointment of the holder in the shortest term as provided for in article 2°.

ARTICLE 12. . Immunities. The Penitentiary Procurator cannot be arrested from the day of his designation to that of his cessation or suspension, except in the case of being surprised "in fraganti" in the execution of a malicious offence of what should be given to the presidents of both Chambers with the summary information of the fact.

When an indictment is issued by the competent court against the Prison Procurator for a misdemeanor, it may be suspended in its functions by both Chambers, pending final dismissal in his favour.

CHAPTER III

From the Deputy

ARTICLE 13. . Deputy. On the proposal of the Prison Procurator, the Bicameral Commission provided for in article 2 (a) must designate a Deputy who will assist him in his task, and may temporarily replace him in the cases of cessation, death, suspension, temporary impossibility, vacation or absence thereof, in the order determined by the Commission when designating it.

In order to be appointed Deputy to the Prison Procurator, it is necessary to meet the requirements of Article 4 of this Law.

The Deputy Procurator is applicable, as appropriate, to articles 3°, 5°, 7°, 10, 11 and 12 of this Act.

ARTICLE 14. The Deputy Procurator receives the remuneration established by the H. Congress of the Nation.

PART II

Procedure.

CHAPTER I

Competition. Initiation and content of the investigation.

ARTICLE 15. . Performance. Form and scope. The Penitentiary Procurator may initiate and continue on his or her own initiative or at the request of the person concerned or family member, up to the fourth degree of consanguinity, or of his or her attorney, any investigation leading to the clarification and cessation, in the case of acts, acts or omissions affecting the rights of the accused and convicted persons subject to the Federal Prison and of all persons deprived of their liberty for any federal reason.

The Penitentiary Procurator ' s role will play, and to the extent of its possibilities, in respect of those prosecuted and convicted by national justice who are placed in provincial institutions.

For all these purposes, it is incumbent upon the State party to regularly visit all national prisons where convicted and prosecuted detainees are accommodated.

ARTICLE 16. With regard to inmates prosecuted and convicted by the national justice system, who are accommodated in provincial institutions, it is up to the Prison Prosecutor to manage and sign any agreement with the relevant provincial authorities that will enable him to properly exercise his responsibility in the protection of their rights, especially with respect to the entry of provincial prisons.

Until such happens, or failing to reach agreement, in order to enter a provincial penitentiary institution, it must have the prior express consent of the provincial authorities on which the respective establishments depend.

Without prejudice to this, it may also enter into cooperation agreements with provincial bodies dedicated to the promotion and protection of human rights, or with bodies of the judicial branches of the different provinces, in order to provide adequate protection of the rights of inmates prosecuted and convicted by the national justice system in provincial prisons.

ARTICLE 17. The Prison Procurator, in verifying acts, facts or omissions that infringe the rights of the inmates specified in the preceding articles, and of all persons deprived of their liberty for any reason in federal jurisdiction, must make recommendations or proposals of particular or general scope to avoid the reiteration of such acts. In particular, it should submit to the Ministry of Justice, Security and Human Rights reports on cases and situations it considers necessary, with relevant conclusions and recommendations. The proceedings before the Prison Procurator shall be free of charge and no legal sponsorship shall be required.

CHAPTER II

Collaboration obligation. Responsibility regime.

ARTICLE 18. . Obligation of collaboration. All agencies belonging to the National Civil Service, natural or legal persons, public or private, are obliged to give preferential cooperation to the Prison Procurator in his investigations or inspections.

For this purpose, the Prison Procurator and the Deputy, by order of the first or in case of provisional replacement, are entitled to:

(a) Request files, reports, documents, backgrounds and any other element that it deems useful in meeting the assignment.

(b) Conduct inspections, checks, audits or any other measure leading to the clarification of the facts under investigation. In particular, they may interview without notice and without the presence of witnesses any person deprived of liberty for any reason within the limits of their mandate.

(c) Decide to share with your office of officials and employees of the above-mentioned agencies and entities in order to require explanations and information on the facts to be investigated. It may also seek, for the same purpose, the cooperation of individuals.

(d) To make a criminal complaint, or to complain at its discretion, when it is aware of an act, act or omission presumably criminal of public action, and to make administrative complaints in all cases where it considers an administrative offence to be set up.

(e) To inform the judges at whose disposal an intern was found, in respect of which an action was initiated, and, in turn, to express his opinion on any aspect of fact or law before the intervening judge, as a "friend of the court".

ARTICLE 19. Communications and correspondence exchanged between the National Prisoner and persons detained may not be subject to the control of any authority or may be interfered or prevented. Correspondence cannot be retained for any reason.

ARTICLE 20. The Prison Procurator is also empowered to:

(a) Disseminate the knowledge of the rights of persons within their mandate;

(b) Propose the conduct of the actions necessary to clarify the administrative responsibilities in which officials may have incurred to prejudice the rights of persons within their mandate;

(c) To suggest reforms to the rules applicable to persons within their mandate in order to make the rights of those who are holders more effective.

ARTICLE 21. . Obstaculization. Anyone who hinders or prevents the execution of a complaint before the Prison Procurator or obstructs his investigations, by means of refusal or excessive delay in sending the required reports, or by preventing access to files or documentation necessary for the course of the investigation, shall incur the offence under article 240 of the Criminal Code.

The persistence in an intriguing attitude of the Penitentiary Procuration investigation, by any agency or administrative authority, may be the subject of a special report to the Chambers, where justified reasons so require, in addition to highlighting it in the relevant section of the annual report provided for in article 25 of this Act.

The Prison Procurator may require the intervention of justice to obtain the remission of the documentation that has been denied to him by any public or private institution.

PART III

Resolutions

UNICO CHAPTER

Scope of resolutions. Communications. Reports.

ARTICLE 22. . Limits of your competition. The Penitentiary Procurator is not competent to modify, replace or terminate administrative decisions; without prejudice, he may propose the modification of the criteria used for their production.

If, as a result of its investigations, it is convinced that strict compliance with a rule may cause unjust or harmful situations for those administered, it may propose to the legislature, or to the public administration the modification thereof.

ARTICLE 23. . Warning and Recommendations. The Penitentiary Procurator may formulate on the basis of his investigations, warnings, recommendations, reminders of his legal and functional duties, and a proposal for further action, whose response cannot take more than 30 days for such cases.

If the recommendations are made within a reasonable time, an appropriate response is not obtained or the reasons for which such recommendations were not adopted, the Procurator may inform the Minister of Justice, Security and Human Rights of the Nation. If no response is obtained, it should include it in the annual report to the Chambers.

ARTICLE 24. . Relations with Congress. The Bicameral Commission provided for in article 2 (a) of this Act is responsible for dealing with the Prison Procurator and informing the House of the necessary times.

ARTICLE 25. . Reports. Annually the Prison Prosecutor will give the Chambers an account of the work done, which will be presented by 31 May each year.

Also, when the seriousness or urgency of the facts merit it, a special report may be submitted. In all cases, a copy must be sent to the Executive.

ARTICLE 26. Content of the report. The annual report of the Penitentiary Procurator will have a copy of all the recommendations made, as well as the complaints and presentations made to the Judiciary and the procedure or result in which they are found. The annual report may not have personal names and data from inmates and other persons deprived of their liberty committed to the complaints and/or recommendations, except with their express consent.

The Penitentiary Procurator may propose to the Congress of the Nation the amendments to this law that result from its application for the better performance of its functions.

PART IV

Human and material resources

UNICO CHAPTER

Personal. Economic resources. Periods.

ARTICLE 27. Structure. Staff and employees. Designation. The organizational/functional and administrative structure of the Prisons Procuration should be established by its holder, and approved by the Bicameral Commission provided for in article 2 (a).

The staff and employees of the Prisons Procuration shall be appointed by their holder in accordance with their rules of procedure within the budgetary limits.

ARTICLE 28. Internal regulations. The internal rules of procedure of Penitentiary Procuration shall be issued by its holder and approved by the Commission provided for in article 2 (a) of this Act.

ARTICLE 29. Budget. Expenditures for compliance with this Act shall be met with the provisions determined annually by the budget law.

Please provide the Chief of the Cabinet of Ministers with a view to making appropriate budgetary adjustments on the occasion of the distribution of credits for the year 2004.

PART V

Supplementary provisions

ARTICLE 30. Default of Decree 1598/93 of the National Executive.

ARTICLE 31. Until the Penitentiary Procurator is appointed, in accordance with the mechanisms established by this law, the current Prison Procurator shall remain in office, who shall exercise his duties in accordance with the provisions of this Act.

ARTICLE 32. In order to ensure the functional continuity of the Penitentiary Procuration, its current structure becomes part of the body created by this law.

ARTICLE 33. Contact the Executive.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DAYS OF THE TWENTY DAYS OF THE YEAR.

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EDUARDO O. CHANGE. . DANIEL O. SCIOLI. . Eduardo D. Rollano. . Juan Estrada.