RIGHTS

Law 26.827

Consider the National System for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Sanctioned: November 28, 2012

Enacted: January 7, 2013



ARTICLE 1 — Protected rights. National system. The National System for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which is intended to guarantee all the rights recognized for the prevention and prohibition of torture and other cruel, inhuman or degrading treatment or punishment, as provided for in articles 18 and 75, paragraph 19, of the National Constitution, by the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as provided for in article 22, paragraph 19, of the Convention.

ARTICLE 2° — From the scope of application. Public order. In accordance with articles 29 and 30 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the provisions of this Act are of public order and apply throughout the territory of the Republic.

ARTICLE 3° — Integration. The National System for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is composed of the National Committee for the Prevention of Torture, the Federal Council of Local Mechanisms, the local mechanisms designated under this rule, and those governmental institutions, public entities and non-governmental organizations interested in meeting the objectives of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

ARTICLE 4° — From the place of detention. For the purposes of this Act, any establishment or sector under the jurisdiction or control of the national, provincial or municipal States, as well as any other public, private or mixed entity, where persons deprived of their liberty are or may be found, by order, instigation, or with express or tacit consent of the judicial, administrative or other public authority. This definition should be interpreted in accordance with article 4 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.


ARTICLE 5° — The principles. The principles governing the functioning of the National System for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment are:

(a) Strengthening monitoring. This Act promotes the strengthening of the capacities of State and non-State agencies that carry out functions related to the monitoring of places of detention and the defence of the rights of persons deprived of their liberty. Under no circumstances may it be considered that the establishment of the National System for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment entails a restriction or weakening of such capacities;

(b) Coordination. The members of the National System for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment shall act in a coordinated and articulated manner;

(c) Complementarity. Subsidiarity. The members of the National System for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment shall act in a complementary manner for the fulfilment of the objectives of this Act.

The National Committee for the Prevention of Torture shall act in a subsidiary manner in all jurisdictions of the country to ensure the homogeneous functioning of the National System for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

(d) Cooperation. The competent public authorities shall promote the development of instances of dialogue and cooperation with the National System for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in order to ensure compliance with the objectives of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the present Act.


ARTICLE 6° — From creation. Consider the National Committee for the Prevention of Torture, which shall operate throughout the territory of the Argentine Republic in accordance with the powers and powers set out in this Act.

The National Committee for the Prevention of Torture is established within the legislative branch of the Nation and exercises the functions set out in this Act without receiving instructions from any authority.


ARTICLE 7° — Functions. The National Committee for the Prevention of Torture:

(a) Acting as the governing body, coordinating and coordinating the National System for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and in particular the local mechanisms that are established or designated in accordance with this Act, taking into account the recommendations, decisions and proposals of the Federal Council, for a homogeneous implementation of the Optional Protocol for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

(b) Conduct inspection visits to any place of detention in accordance with the definition provided for in article 4 of this Act. Visits may be of a regular or extraordinary nature and without prior notice, accompanied by suitable persons elected by the National Committee for the Prevention of Torture;

(c) Collect and systematize information from the entire National System for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as well as from any other source that it deems relevant, on the situation of persons deprived of their liberty in the territory of the Argentine Republic, organizing their own databases as it deems necessary;

(d) Systematize the requirements for the production of information necessary for the implementation of the Optional Protocol on the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment from the entire National System for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and develop the minimum information production programme to be implemented by the competent authorities;

(e) Create, implement and coordinate the operation of the National Register of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and a National Registry of Judicial Actions of Habeas Corpus motivated by the aggravation of conditions of detention;

(f) To develop, within the first six (6) months of its operation, standards and performance criteria, and to promote its uniform and homogenous application by the National System for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in the following areas: I) Inspection and visit of detention facilities; II) Conditions of detention; III) Capacity of accommodation and control overpopulation; IV) Use of force, requisition and subjective measures; V) Disciplinary regime; VI) Designation of officials; VII) Documentation and investigation of cases of torture or ill-treatment; VIII) Relocation regime; IX) Strengthening of judicial controls; X) All those that are medullar in compliance with the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and this Act. To that end, it will take into account the recommendations and proposals made by the Federal Council of Local Mechanisms for the Prevention of Torture. Until the National Committee for the Prevention of Torture establishes specific standards based on its studies and research on the capacity of detention facilities, safety conditions, health, accident prevention, accommodation quotas and other conditions of human and dignified treatment in places of deprivation of liberty, the guidelines, standards and recommendations of good practices produced by professional colleges, universities, and declarations of the relevant national and international health organizations,

(g) Design and recommend actions and policies for the prevention of torture and other cruel, inhuman or degrading treatment or punishment and promote the implementation of its directives, recommendations, standards and criteria by the competent authorities at the national, provincial and municipal levels;

(h) Take measures to ensure the functioning of the National System for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

(i) To convene regular and extraordinary meetings of the Federal Council of Local Mechanisms for the Prevention of Torture;

(j) To inform the Federal Council of Local Mechanisms for the Prevention of Torture of the work plan and performance, inspection and thematic reports;

(k) Promote in accordance with the decisions and recommendations of the Federal Council of Local Mechanisms for the Prevention of Torture, the creation or designation, and the technical, administrative and budgetary strengthening of local mechanisms throughout the country according to the standards set out in this Act;

(l) To advise and train public or private entities or agencies that are linked to their activities, as well as personnel affected to places of detention and persons deprived of their liberty;

(m) To generate cooperation with the treaty bodies and special procedures of regional and international systems for the promotion and protection of human rights;

(n) To represent the National System for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment before the Committee against Torture Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

(ñ) Communicate to the national or provincial authorities and the Autonomous City of Buenos Aires, as well as to the appropriate judges and judicial officials, the existence of acts of torture or cruel, inhuman or degrading treatment or punishment reported or noted by the National Committee for the Prevention of Torture or the Local Mechanisms for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Request urgent special measures for the cessation of ill-treatment and investigation and for the protection of victims and/or whistleblowers against possible reprisals or damages of any kind that might affect them.

ARTICLE 8° — Powers and powers. In order to fulfil its functions, the National Committee for the Prevention of Torture shall have the following powers and powers:

(a) Request data, information or documentation to those responsible for public and/or private centres in which persons are deprived of their liberty, to all other national and/or provincial and/or municipal public authorities, as well as to the Judiciary and Public Prosecution Service at the national level, the provinces and the Autonomous City of Buenos Aires. The same authority shall have with respect to State and non-State organizations that are members of the National System for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on its operation;

(b) Access documentation, archives and/or administrative and/or judicial files containing information on persons deprived of their liberty and/or on their conditions of detention and/or on the functioning of places of confinement;

(c) To interview persons deprived of their liberty individually or collectively, in a confidential manner and without the presence of witnesses, wherever it deems appropriate;

(d) To enter places of detention where persons deprived of their liberty may be found with cell phones, computers, recorders, cameras and/or filming, or any other element necessary to carry out their tasks;

(e) Maintain meetings with family members of persons deprived of their liberty, magistrates and judicial officials, lawyers, doctors and other health professionals, members of the various prison services or detention or accommodation institutions, and with all persons and public or private bodies that the National Committee for the Prevention of Torture considers necessary for the fulfilment of its mandate;

(f) To decide on the share of staff and employees of agencies and entities linked to places of confinement in order to require explanations and information on matters relating to their object of action;

(g) To carry out actions to remove obstacles to other members of the National System for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in the exercise of their functions, in particular with regard to access to places of detention and the information requested under this Act;

(h) Develop actions and work together with local non-governmental organizations and/or public institutions in jurisdictions where there is no local mechanism created or designated to comply with the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

(i) Recommend to local mechanisms actions related to the development of their functions for the better implementation of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

(j) Supervising the functioning of the disciplinary and promotion systems of those institutions of the national State, the provinces and/or the Autonomous City of Buenos Aires that are responsible for the administration, control, security or custody of places of detention and promoting the application of administrative sanctions for violations of the legal, regulatory or contractual provisions of the National Committee for the Prevention of Torture in the exercise of its functions;

(k) To give opinions on the basis of information documented in the appointment and promotion processes of judges and judicial officials associated with their competence;

(l) Design and propose public campaigns to disseminate and clarify the rights of persons in detention;

(m) To propose institutional reforms for the purposes of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and to be consulted in parliamentary discussions related to the situation of persons deprived of their liberty throughout the territory of the Argentine Republic;

(n) To promote judicial, individual and collective action in order to ensure the fulfilment of its functions and purposes;

(ñ) To bring to the attention of the judges at whose disposal persons deprived of their liberty may, at the same time, express their views on any aspect of fact or law, as a “friend of the court”;

(o) Carry out its actions with universities, human rights organizations, associations of relatives of persons deprived of their liberty and other civil society organizations that carry out actions in defence of the rights of persons deprived of their liberty at the national, provincial and municipal levels. Coordination of actions may be carried out through the signing of conventions, the preparation of reports or joint visits;

(p) To appoint and remove its staff, and to issue the regulations to which it should be adjusted;

(q) Acquiring goods of any kind; opening and administering bank accounts, and holding any type of contract necessary for the performance of their purposes and functions;

(r) To delegate to the executive secretary, or to another or other member, the powers that he deem appropriate for efficient and expeditious functioning;

(s) Ensure publicity of its activities;

(t) To develop and raise annually its proposed budget to the National Congress for incorporation into the draft general budget law;

(u) To perform any other act which is necessary for the best fulfilment of its purposes and functions.


ARTICLE 9° — Specific interventions and status and thematic reports. The National Committee for the Prevention of Torture may make recommendations, as well as any other action necessary to fulfil its specific functions. The public or private authorities required by the National Committee for the Prevention of Torture must respond to their requests within 20 days.

The National Committee for the Prevention of Torture may submit status and/or thematic reports. The reports will be forwarded to the competent authorities and the federal authorities as guarantors of compliance with the international obligations assumed by the Argentine Republic in the matter.

If necessary, at the time of submission of reports, the National Committee for the Prevention of Torture may set a time different from twenty (20) days to obtain a response from the competent authorities. In the time limit set for this purpose, the authorities must respond well on the requirements made, as well as communicate the action plan and action schedules for implementation.

In the event of no response within the time limit set for the purpose or of being insufficient, the National Committee for the Prevention of Torture may inform the Bicameral Commission of the Ombudsman ' s Office, henceforth the Bicameral Commission, the Commission on Human Rights and Guarantees of the Chamber of Deputies of the Nation, the Commission on the Rights and Guarantees of the Senate of the Nation, the national and/or provincial executive authorities. In turn, in the face of this situation, the National Committee for the Prevention of Torture may summon the relevant employees, officials and/or authorities to require explanations or information.

Failure to pronounce in time and form by a respective authority at a location provided by the National Committee for the Prevention of Torture, under the terms of this article, or its manifest refusal to cooperate in the examination to which it was convened, shall make the person responsible in the figure envisaged and repressed by article 249 of the Criminal Code.

The National Committee for the Prevention of Torture, if it deems it appropriate, may publicize the actions and/or reports of the situation. It may also convene dialogue tables or public hearings.

ARTICLE 10. - Annual reports. The National Committee for the Prevention of Torture will submit an annual report to the Bicameral Commission. The report should be submitted by 31 May each year.

The annual report will contain a diagnosis of the situation of persons deprived of their liberty in the country and an assessment of compliance with State obligations in this area. As far as possible, the National Committee for the Prevention of Torture will submit information by provinces and competent authority. The National Committee for the Prevention of Torture will define those indicators that allow for a better record of information and its annual comparison. In turn, the report will include an annex detailing the performance of the budget for the period.
The National Committee for the Prevention of Torture will also submit its annual report to the National Executive Branch, the Federal Councils on Human Rights, Prisons, Homeland Security and Children and to any other authority it deems relevant.

The National Committee for the Prevention of Torture shall inform the Commission on Human Rights and Guarantees of the Chamber of Deputies of the Nation, the Commission on the Rights and Guarantees of the Senate of the Nation, the Supreme Court of Justice of the Nation, the Council of the Magistracy of the Nation, the Procuration General of the Nation, the Office of the Ombudsman, and any other authority it deems relevant. It will also submit its annual report to the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

The report will be public since its submission to the Bicameral Commission.


ARTICLE 11. - Integration. The National Committee for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment shall consist of thirteen (13) members:

(a) Six (6) parliamentary representatives. Two (2) representatives by the majority and one (1) by the first minority of each chamber of the National Congress;

(b) The National Prison Prosecutor and two (2) representatives of the Local Mechanisms elected by the Federal Council of Local Mechanisms for the Prevention of Torture;

(c) Three (3) representatives of non-governmental organizations active in the defence of the rights of persons deprived of their liberty and in the prevention of torture, arising from the selection process of article 18 of this Act;

(d) One (1) representative of the Secretariat for Human Rights of the Ministry of Justice and Human Rights of the Nation.

The chairmanship of the Committee shall be vested in one of the representatives of the legislative majority for the duration of its mandate.

The exercise of these positions shall be incompatible with the conduct of another remunerated, public or private activity, except teaching, academic research and training in matters relating to the implementation of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

The integration of the National Committee for the Prevention of Torture should respect the principles of federal composition, gender equity, non-discrimination, and ensure the multidisciplinary and representation of social forces interested in the promotion and protection of human rights.

ARTICLE 12. - From the mandate. The term of office of members of the National Committee for the Prevention of Torture will be as follows:

(a) Four (4) years for members of article 11 (a); (c) and (d) of the present Act, and may be re-elected for one time. The renewal process shall be partial and shall ensure the composition of the National Committee for the Prevention of Torture established in this Act. If they have been re-elected, they may not be chosen again but with the interval of a period;

(b) Two (2) years for representatives of local mechanisms;

(c) The National Prison Procurator, pursuant to the terms of reference set out in Act No. 25,875.

ARTICLE 13. - Inability. The National Committee for the Prevention of Torture may not include:

(a) Those persons for whom there is sufficient evidence of participation in events that may be subsumed in the category of crimes against humanity;

(b) Those who have integrated security forces have been denounced and/or have a history of having participated, consented or supported acts of torture or other cruel, inhuman and/or degrading treatment and punishment.

ARTICLE 14. - Incompatibility. The position of a member of the National Committee for the Prevention of Torture is incompatible with the exercise of other activities that may affect or endanger the implementation of the objectives of the National Committee for the Prevention of Torture.

ARTICLE 15. - Cese. Causes. The members of the National Committee for the Prevention of Torture cease to serve in any of the following cases:

(a) By resignation or death;

(b) Due to the expiration of its mandate;

(c) By overcoming incapacity, accredited by faith;

(d) For having been convicted of a criminal offence by a final judgement;

(e) By notorious negligence in the performance of the duties of the office;

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

ARTICLE 16. - Cese. Forms. In the cases provided for in article 15 (a) and (d), the cessation shall be provided by the National Committee for the Prevention of Torture.

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

In the event of the resignation or death of any member of the National Committee for the Prevention of Torture, the appointment of a new member in the form provided for in the present Act should be promoted in the shortest term and in accordance with the established composition.

ARTICLE 17. - Guarantees and immunities. Members of the National Committee for the Prevention of Torture shall enjoy the immunities established by the National Constitution for members of the Congress. They may not be arrested from the day of their designation until their cessation or suspension.

When a prosecution and/or similar resolution is issued by the competent court against any of the members of the National Committee for the Prevention of Torture for a malicious offence, it may be suspended in its functions by both Chambers until its dismissal or acquittal is rendered.

Members of the National Committee for the Prevention of Torture may not be sentenced on costs in the judicial cases in which they intervene as such. They also have the right to maintain the confidentiality of the source of information required in the exercise of their functions, even if the mandate is completed.

During their mandate and in connection with their work, members of the National Committee for the Prevention of Torture shall enjoy immunity from the embargo on their personal baggage, from the seizure or control of any material and document and from interference in communications.

ARTICLE 18. - From the selection procedure.

1. The three (3) members of the National Committee for the Prevention of Torture of article 11 (c) shall be elected by the National Congress as follows:

(a) The Bicameral Commission of the Ombudsman ' s Office established by Act No. 24,284, shall open a period of receipt of applications proposed by social human rights organizations or professionals with a background in the defence of persons deprived of their liberty, detailing the criteria set out in article 20 of this Act.

This so-called postulations will be published in the Official Gazette, at least two (2) national circulation newspapers, and on the Bicameral Commission website.

(b) With the deadline for applications, the Bicameral Commission will publish the full list of candidates, their background and if they have one or more organizations that proposes or supports them.

The publication will be made in the Official Gazette, at least two (2) national newspapers and on the Commission's website. Citizens in general, non-governmental organizations, colleges and professional associations, academic and human rights entities, may submit comments, support and objections, in writing and in a well-founded and documented manner within fifteen days (15) that have been available since the last publication;

(c) The Bicameral Commission shall convene pre-selected candidates for a public hearing. It will also call upon those who have submitted observations, support or challenges, who will be heard before the candidate.

(d) At the end of the public hearing, the Bicameral Commission shall make a decision proposing to all three (3) candidates to hold the positions of the National Committee for the Prevention of Torture. The three (3) candidates must have been nominated by non-governmental organizations that participated in the proceedings. The ruling will be raised to both Chambers. The House of Senators will act as a home chamber.

2. The seven (7) members of the National Committee for the Prevention of Torture of article 11 (a) and (d) shall be elected as follows:

The six (6) parliamentary representatives shall be elected by the respective blocs of both Chambers and by the Human Rights Secretariat of the Ministry of Justice and Human Rights of the Nation according to their internal provisions. Its application shall be forwarded to the Bicameral Commission to publish its background and the procedure for submitting observations or challenges to be considered at the public hearing.

If there is no objection, the Bicameral Commission shall include these candidates in the Views to be considered by both Chambers.

The Bicameral Commission shall regulate the present procedure, so that from the call to the conclusion of the judgment no more than one hundred (100) days have passed.

ARTICLE 19. - The House of Senators will agree on the list of candidates included in the Bicameral Commission's ruling.
Once the ruling has been approved, it will refer the list of selected members to the Chamber of Deputies of the Nation for approval at the first meeting of tables. If the Chamber of Deputies did not agree on the payroll, the procedure will follow the procedure established for the sanction of the laws.

In the event that the Senate does not achieve the majority to insist on the ruling rejected by the Chamber of Deputies, the Bicameral Commission must draw up a new list within sixty (60) days.

The voting of the members of the National Committee for the Prevention of Torture should be approved by a simple majority of the members present in both Chambers.

ARTICLE 20. - Selection criteria.

They will be criteria for the selection of members of the National Committee for the Prevention of Torture:

(a) Ethical integrity, commitment to democratic values and recognized trajectory in the promotion and defence of human rights, with particular emphasis on safeguarding the rights of persons deprived of their liberty and the prevention of torture.

(b) The ability to maintain independence of the criterion for the performance of the function in the terms of compliance with the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the present Act.


ARTICLE 21. - Creation and integration. Consider the Federal Council of Local Mechanisms for the Prevention of Torture, which will be composed of local mechanisms that are created or designated in accordance with Title III of this Act and the National Prisons Procuration.

Each province and the Autonomous City of Buenos Aires will have a single representation, without prejudice to the creation of more than one provincial mechanism or the integration of one regional one. In the latter case, it will have as many votes as provinces integrate it.

ARTICLE 22. - Functions. The functions of the Federal Council of Local Mechanisms for the Prevention of Torture are:

(a) To meet in regular and extraordinary sessions in accordance with rule 23 and to issue its own rules of procedure;

(b) To elect, to the National Committee for the Prevention of Torture, proposals and studies aimed at improving its work plan, in accordance with article 7 (j). To that end, it may propose to the National Committee for the Prevention of Torture lines of work and inspection measures, based on the national diagnosis to be reached in the plenary meetings of the Council;

(c) Propose criteria and modifications to the standards of action developed by the National Committee for the Prevention of Torture, in accordance with article 7 (f);

(d) To collaborate in the dissemination of information and recommendations generated by the National Committee for the Prevention of Torture;

(e) Decide on compliance with the requirements of this Act for local mechanisms created or designated by the provinces and the Autonomous City of Buenos Aires;

(f) Assess the functioning of local mechanisms and propose to the National Committee for the Prevention of Torture the actions to be taken to supplement the shortcomings identified;

(g) Intimate the provinces and/or the Autonomous City of Buenos Aires to designate or create the corresponding local mechanisms;

(h) To designate, on the proposal of the National Committee for the Prevention of Torture, the or governmental or non-governmental bodies that shall serve as a local mechanism for the prevention of torture in the light of the deadline for the provincial designation or creation, without prejudice to the other subsidiary functions of the National Committee. Designated or created the local mechanism shall cease to function the provisional mechanism appointed by the Federal Council;

(i) Invite the meeting to non-governmental organizations and public institutions that it deems relevant.

ARTICLE 23. - Sessions. The Federal Council of Local Mechanisms for the Prevention of Torture meets twice (2) times a year in regular sessions. For reasons of urgency or extreme necessity, it may be convened at an extraordinary session by the National Committee for the Prevention of Torture or at least forty per cent (40%) of the local mechanisms designated or created.

ARTICLE 24. - The operation and decision system. The Federal Council of Local Mechanisms for the Prevention of Torture will begin to operate with the chairman of the National Committee for the Prevention of Torture, the National Prison Procuration and the local mechanisms created that represent at least four (4) provinces.

It will make its decisions by a simple majority of the representatives present.

All meetings of the Federal Council of Local Mechanisms for the Prevention of Torture shall be public except that, for substantial reasons, it is decided that they shall be totally or partially reserved.

ARTICLE 25. - Administrative support. The organization and implementation of its own activities and functions will be carried out through the Executive Secretariat of the National Committee for the Prevention of Torture, which will have a dedicated area.


ARTICLE 26. - The structure. The National Committee for the Prevention of Torture will have one (1) chair and one (1) executive secretariat that will provide technical and functional support.

ARTICLE 27. -From the president. They will be specific functions of the president:

(a) To exercise the legal representation of the National Committee for the Prevention of Torture;

(b) Propose the internal rules of procedure to the National Committee for the Prevention of Torture for adoption;

(c) To convene and chair plenary meetings of the National Committee for the Prevention of Torture;

(d) To chair meetings of the Federal Council of Local Mechanisms for the Prevention of Torture.

ARTICLE 28. - From the executive secretariat. The executive secretariat will have the necessary structure and resources to ensure proper compliance with the functions designated under this Act for the National Committee for the Prevention of Torture and the Federal Council of Local Mechanisms.

The incumbent of the executive secretariat shall be appointed by the National Committee for the Prevention of Torture through a public background examination and a comprehensive participatory mechanism that respects the rules of advertising, transparency and legitimacy arising from the procedure set out in this Act for the appointment of members of the National Committee for the Prevention of Torture. Articles 13 and 20 of this Act shall be governed by the selection of the executive secretary.

The secretary/a executive will have full dedication, will last four (4) years and will be eligible for one (1) period. The exercise of the post shall be incompatible with the conduct of another remunerated, public or private activity, except teaching, academic research and training in matters relating to the implementation of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. It shall also govern the incompatibility provided for in article 14 of this Act.

ARTICLE 29. - Functions. The functions of the executive secretary are:

(a) To implement all provisions of the National Committee for the Prevention of Torture for the implementation of this Act;

(b) To fulfil the responsibilities, powers and powers delegated to it by the National Committee for the Prevention of Torture;

(c) Organize the registration and administration of all necessary inputs for the proper functioning of the National Committee for the Prevention of Torture;

(d) To submit to the National Committee for the Prevention of Torture the technical-administrative structure of the Executive Secretariat that will support it.

ARTICLE 30. - From the budget. The General Budget Act shall provide for the necessary provisions to ensure the proper functioning of the National System for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in order to fulfil the objectives set out in this Act.

For the first year, the provisions determined by the budget law may not be less than three per cent (3%) of those allocated for the National Congress.

ARTICLE 31. - The heritage. The heritage of the National Committee for the Prevention of Torture will be integrated with:

(a) Any type of movable and immovable property of the State that is affected to its missions and functions by administrative decision;

(b) Any kind of contributions, contributions in money, subsidies, legacies, inheritance, donations, movable or immovable property, activities or transfers programmes received under any title from international human rights bodies;

(c) Any other income compatible with the nature and purposes of the agency, which may be assigned under applicable laws and regulations.


ARTICLE 32. - Creation or designation. The provinces and the Autonomous City of Buenos Aires will create or designate the institutions that will perform the functions of local mechanisms for the prevention of torture and other cruel, inhuman or degrading treatment or punishment, respecting the principles and criteria set out in this Act.

The Prison Procuration of the Nation, without prejudice to the other powers established by law 25.875, shall perform the functions of a mechanism for the prevention of torture in the terms of this law in all places of detention under national and federal authority.

ARTICLE 33. - From the scope. Without prejudice to the provisions of the provinces and the Autonomous City of Buenos Aires, in accordance with the provisions of the previous article, local mechanisms may carry out visiting and monitoring tasks in places of detention under national authority that are located in their territorial area of action and the National Prisons Procuration may do so in detention centres under local authority, in both cases under the coordination of the National Committee for the Prevention of Torture, in their respective cases.

ARTICLE 34. - Minimum requirements. For the creation or designation of local mechanisms for the prevention of torture, the federal system, the provinces and the Autonomous City of Buenos Aires should ensure that the following minimum requirements are met:

(a) Legal creation or designation;

(b) Functional independence and financial autarchy;

(c) Publicity and effective participation of civil society in the process of establishing or designating local mechanisms;

(d) Institutional design to ensure the participation of civil society organizations in the functioning of local mechanisms and respect for the principles of gender equity, non-discrimination and multidisciplinary composition;

(e) Articulation with organizations and institutions that carry out tasks related to the situation of persons deprived of their liberty;

(f) Provision of specific resources for the achievement of the objectives of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the present Act;

(g) Accountability mechanisms.

ARTICLE 35. - Functions. Local mechanisms should have at least the following functions:

(a) To carry out, with or without prior notice, inspection visits to any place or sector of activity of the agencies and entities subject to its competence under article 4 of this Act, which may be carried out with experts, advisers or with whom it deems the case, being authorized to register the inspection or visit by the means and with the technological support it deems relevant;

(b) Collect and systematize information on the situation of persons deprived of their liberty in the territory of the province, whether they are subject to federal, national, provincial or municipal jurisdiction;

(c) Promote the application of the standards and criteria for action developed by the National Committee for the Prevention of Torture in the territory of its competence;

(d) Design and recommend actions and policies for the prevention of torture and other cruel, inhuman or degrading treatment or punishment and promote the implementation of its recommendations, standards and criteria for action by the competent authorities.

ARTICLE 36. - Of the powers. Local mechanisms should have at least the following powers:

(a) Access to information or documentation concerning public and/or private centres where persons are deprived of their liberty, as well as administrative and/or judicial files and/or files containing information on persons deprived of their liberty and/or on their conditions of detention and/or on the functioning of places of confinement;

(b) To interview persons deprived of their liberty individually or collectively, in a confidential manner and without the presence of witnesses, where it deems most appropriate;

(c) To request the national or provincial authorities and any competent authority, as well as the appropriate judges and judicial officials, to take urgent measures for the protection of persons deprived of their liberty when, by virtue of their statements, they may be victims of aggression, punishment, reprisals, or damages of any kind, or where, at the discretion of the local mechanisms, there are elements indicating an imminent event of a harmful nature that may affect them for any reason;

(d) To promote judicial action, including precautionary measures, in order to ensure the performance of its functions and purposes, and may be filed as a victim or individual victim, according to the jurisdiction in question;

(e) Establish cooperation and coordination with State entities and civil society organizations that conduct visits and/or monitor the situation of places of detention in the territory of their competence. Coordination of actions may be carried out through the signing of conventions, the preparation of reports or joint visits.



ARTICLE 37. - Coordination. The National Committee for the Prevention of Torture, the Federal Council and the local mechanisms established under this Act will exchange information and develop joint actions to fulfil their functions.

ARTICLE 38. - Collaboration. In the development of its functions, the National Committee for the Prevention of Torture will request the cooperation of the National Prison Procuration, the local mechanisms that create or designate the provinces and the Autonomous City of Buenos Aires, as well as any other member of the National System for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment for the better use of existing resources. The coordination of actions may be carried out through the signing of conventions, the preparation of reports or joint visits.

ARTICLE 39. - Of the conventions. The National Committee for the Prevention of Torture and local mechanisms may conclude agreements with national, federal and provincial government ministries and judicial powers to develop information systems and form working groups for the development of activities related to the implementation of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the present Act. In order to carry out these tasks, the National Committee for the Prevention of Torture may be integrated with officials designated for service, in accordance with the laws applicable to each particular case.

ARTICLE 40. - Annual meeting. The National Committee for the Prevention of Torture, together with the Federal Council, will organize at least one annual discussion meeting on the situation of persons deprived of their liberty in the country and an assessment of the functioning of the National System for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. To that end, they will convene representatives of all local mechanisms. The National Committee for the Prevention of Torture may invite representatives of national, federal and provincial public ministries and judicial powers, as well as any other public entity and civil society organizations interested in the implementation of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to participate in the meeting. The conclusions of the meeting will be included in the annual report for the period.


ARTICLE 41. - Visitors. All non-governmental organizations concerned with the situation of persons deprived of their liberty shall have the power to conduct visits to places of detention detailed in article 4 of this Act, in accordance with the minimum regulations of the National Committee for the Prevention of Torture. The regulation may not restrict the level of access available to organizations that make visits at the time of the adoption of this Act.

The regulation will provide for the possibility of registering the visit by audiovisual means; the discretion to select the places of inspection and the persons to interview; as well as the conduct of private interviews.

ARTICLE 42. - Access to information. Without prejudice to the provisions of articles 7 (c), 8 (a) and (b), and 35 (a) and 36 (b) of the present law, in relation to the National Committee for the Prevention of Torture and the local mechanisms, any agency belonging to the national, provincial and/or municipal public administration, both centralized and decentralized, regardless of their legal nature, the Judiciary and the Public Ministry at the national level, the provinces and the Autonomous City

ARTICLE 43. - Access to selection and promotion processes. Without prejudice to the provisions of article 8 (k) and (l) of the present Act, in connection with the National Committee for the Prevention of Torture, all information relating to the selection, training, promotion and promotion processes of persons performing functions related to persons deprived of their liberty throughout the territory of the Argentine Republic may be accessed.

ARTICLE 44. - Access to victims. The competent authorities shall ensure that victims of acts of torture or ill-treatment and/or their families have access to judicial or administrative records in which the reported situation is investigated.

ARTICLE 45. - Consent. The informed consent of the person concerned will always be required to publish his or her personal data and information in reports, media or other forms of publicizing the information that the prevention system seeks; this pattern is extended to any confidential information accessed by the members of the prevention system.

The agents of the prevention system shall take measures and methodologies to act according to the informed consent of persons deprived of their liberty in which they intend to engage in individual or collective actions; and in this regard, they shall endeavour to develop joint strategies with the survivor, his family or community environment, to the extent appropriate and possible.

Where the judicial complaint is appropriate, without prejudice to acting to the extent possible in accordance with the preceding paragraph, protection actions shall be established by articulating all measures of protection for their rights, including immediate intervention to the curator, guardian or State protection agency of incapable, official defence or legal assistance, as appropriate.

In cases involving minor victims, the best interests of the child should prevail under the provisions of the Convention on the Rights of the Child and Act No. 26.061 on the Comprehensive Protection of the Rights of Girls, Children and Adolescents.

ARTICLE 46. - From the judicial intervention. If cases of torture, cruel, inhuman or degrading treatment or punishment are verified, even if the victim ' s consent is not available, all judicial actions that are necessary to safeguard his or her integrity must be established.

ARTICLE 47. - From the duty of confidentiality. Any information received by the National Committee for the Prevention of Torture and the Federal Council, from persons deprived of their liberty, family members, officials or any other person or agency, concerning the situation or specific complaint of a detained person shall be reserved except for the authorization of the persons concerned.
Members and officials of the National Committee for the Prevention of Torture and local mechanisms should also reserve the source of the data and information they obtain and on which they base their actions or recommendations.

They should also preserve the identity of victims of torture, apprenticeships, cruel, inhuman or degrading treatment or punishment when disclosure could place the victim at risk.

The members and officials of the National Committee for the Prevention of Torture and the local mechanisms are reached by the provisions relating to the professional secrecy that corresponds to the exercise of the legal profession. This duty of confidentiality governs professionals and interpreters who accompany the visit.

ARTICLE 48. - Of the powers. The activities carried out by the National Committee for the Prevention of Torture and the local mechanisms, in accordance with the powers of this law, cannot be used as a justification for restricting the powers of civil society organizations interested in monitoring the situation of persons deprived of their liberty.

ARTICLE 49. - Conflict. Civil society organizations concerned with the implementation of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which find obstacles to the conduct of their missions and functions, may resort to local mechanisms or to the National Committee for the Prevention of Torture to resolve conflicts arising from the scope of this Act.

ARTICLE 50. - Prison quota. In order to better comply with the obligations under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the competent authorities shall regulate a mechanism to determine the accommodation capacity of detention centres in accordance with the constitutional and international standards in the matter, and the specific tools to proceed with cases of accommodation of persons above the legal quota set for each establishment.

ARTICLE 51. - The obligation to collaborate. All agencies belonging to the national, provincial and municipal public administration; members of the judicial authorities and public ministries at the national, provincial and Autonomous City of Buenos Aires, as well as individuals or legal, public or private persons whose activity is linked to the situation of persons deprived of their liberty, are obliged to give preferential collaboration to the National Committee for the Prevention of Torture and to local mechanisms for the implementation of their tasks under the Optional Protocol.

ARTICLE 52. - From obstruction. Anyone who prevents the unrestricted entry of the National Committee for the Prevention of Torture and/or local mechanisms to places of confinement; contact with persons deprived of their liberty in privacy; registration of visits; and/or making a complaint shall be liable to the penalties provided for in articles 239 and 248 of the Criminal Code. Without prejudice to the foregoing, anyone who hinders the activities of the National Committee for the Prevention of Torture and/or local mechanisms will be subject to serious administrative misconduct.

The persistence of an intriguing attitude of the work of the National Committee for the Prevention of Torture and/or of local mechanisms, by any agency or authority, may be the subject of a special report to both Chambers of the Congress of the Nation, in addition to being highlighted in the relevant section of the annual report provided for in article 10 of the present Act.

The National Committee for the Prevention of Torture and local mechanisms may require the intervention of justice to obtain the remission of the documentation that has been denied to it by any public or private institution.

ARTICLE 53. - The prohibition of sanctions. No authority shall order, apply, permit or tolerate any punishment against a person, official or organization for having communicated to members of the National System for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment information concerning the situation of persons deprived of their liberty, whether true or false. None of these persons may suffer harm of any kind for this reason. Those who intend to give information to any member of the National System for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment should do so through their hierarchical officials.

ARTICLE 54. - Witness protection. The national executive branch, in conjunction with the provincial authorities, should establish a programme to provide protection to persons deprived of their liberty who are exposed to intimidation and/or reprisals as a result of complaints or information provided to members of the National System for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment or any other State agency.

ARTICLE 55. - Of the regulations. In order to better comply with the obligations under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the competent authorities must amend administrative regulations that are contrary to the rules set forth in this Act.

ARTICLE 56. - Minimum rules. " On the basis of the United Nations " , " On the subject of torture " ,
Transitional clauses

ARTICLE 57. - The National Committee for the Prevention of Torture will begin to operate with the integration of seven (7) of its members.

ARTICLE 58. - Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, THE DAY OF NOVEMBER OF THE YEAR DOS MIL DOCE.


LOVE BOUDOU. - JULIAN A. DOMINGUEZ. - Gervasio Bozzano. — Juan H. Estrada.