HUMAN RIGHTS

Law 26,827

Create the National System of Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Sanctioned: November 28, 2012 Enacted in Fact: January 7, 2013

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:

NATIONAL MECHANISM FOR THE PREVENTION OF TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

TITLE I

From the National System of Prevention

of Tortura and Other Tratos or Peñas

Cruel, Inhuman or Degrading

Chapter I

Creation, scope of action, integration

ARTICLE 1-Of the protected rights. National System. Establish the National System for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the purpose of which shall be to guarantee all rights recognized in the prevention and prohibition of torture and other treatment or punishment. cruel, inhuman or degrading, established by Articles 18 and 75, paragraph 19 of the National Constitution, by the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, incorporated into the National Constitution in the Article 75, point 22, by the Optional Protocol to the Convention against Torture and other Tratos Cruel, inhuman or degrading punishment, adopted by law 25,932, and other international treaties to deal with these rights.

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ARTICLE 2-Of 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 Law are of public order and of application in the entire territory of the Republic.

ARTICLE 3-Of the integration. The National System of Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is integrated by the National Committee for the Prevention of Torture, the Federal Council of Local Mechanisms, the local mechanisms that designate in accordance with this standard, 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 °-Of the place of detention. For the purposes of this law, 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 they are held, shall be deemed to be the place of detention. find or be able to find persons deprived of their liberty, by order, instigation, or with express or tacit consent of judicial, administrative or other public authority. This definition must be interpreted in accordance with Article 4 (1) and (2) of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Chapter II

Principles of the National Prevention System

of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

ARTICLE 5-Of the principles. The principles governing the operation of the National System of Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment are: a) Strengthening monitoring. This law promotes the strengthening of the capacities of the state and non-state agencies that carry out functions linked to the monitoring of the places of detention and the defense of the rights of their private persons. freedom. Under no circumstances may the establishment of the National System for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment imply a restriction or weakening of these capacities; b) Coordination. The members of the National System of Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment will act in a coordinated and articulate manner; c) Complementarity. Subsidiarity. The members of the National System of Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment shall act in a complementary manner to meet the objectives of this law. The National Committee for the Prevention of Torture will act in a subsidiary manner in all jurisdictions of the country to ensure the homogeneous functioning of the National System of Prevention of Torture and Other Cruel, Inhuman or Demeaning; (d) Cooperation. Competent public authorities shall encourage the development of dialogue bodies

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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 Tratos or Cruel, inhuman or degrading punishment and of this law.

TITLE II

From the National Committee for

Prevention of Torture

Chapter I

Creation and scope of action

ARTICLE 6 °-Of creation. Create the National Committee for the Prevention of Torture, which will act throughout the territory of the Argentine Republic in accordance with the powers and powers established in this law. The National Committee for the Prevention of Torture is created in the field of the Legislative Power of the Nation and exercises the functions established by this law without receiving instructions from any authority.

Chapter II

Functions. Powers and powers

ARTICLE 7 °-Of the functions. It is for the National Committee for the Prevention of Torture: a) Act as a governing body, articulating and coordinating the National System of Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and in particular of the local mechanisms that are created or designated in accordance with the This law, taking into account the recommendations, decisions and proposals of the Federal Council, for a homogeneous application of the Optional Protocol for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Carry out inspection visits to any place of detention in accordance with the definition provided for in the Article 4 ° of this law. The visits may be of a regular or extraordinary nature and without warning, accompanied by suitable persons chosen by the National Committee for the Prevention of Torture; c) Collect and systematize information of the entire National System of Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as well as any other source that it considers relevant, on the situation of persons deprived of liberty in the territory of the Argentine Republic, organizing the own databases that it considers necessary;

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d) Systematize the production requirements for information necessary for compliance with the Optional Protocol for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment from the entire National System of Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and develop the minimum programme of production of information to be carried out by the competent authorities; and) Create, implement and coordinate the operation of the Registry National of cases of Torture and Other Cruel, Inhuman or Degrading and of Degrading a National Register of Judicial Actions of Habeas Corpus motivated in the aggravation of conditions of detention; f) to elaborate, within the first six (6) months of its operation, standards and criteria of action, and to promote its application uniform and uniform by the National System of 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 for accommodation and overpopulation control; (iv) use of force, requisition and restraint; (v) disciplinary arrangements; (vi) designation of (VII) Documentation and investigation of cases of torture or ill-treatment; (VIII) Transfer arrangements; (IX) Strengthening of judicial checks; (X) All those resulting in compliance with the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment present law. To this end, it will take into account the recommendations and proposals made by the Federal Council for 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, sanitation, prevention of accidents, accommodation and other conditions of humane and dignified treatment in places of deprivation of liberty, the guidelines, standards and recommendations of good practices produced by professional schools will be used, universities, and declarations of national and international social organizations of recognised track record in specific topics, laws and regulations on hygiene, health, construction and safety which may be applied by analogy, and the declarations of the international bodies which have established consensus on standards applicable to such institutions; (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 their directives; recommendations, standards and criteria for action by competent authorities at the level (h) Adopt measures to ensure the functioning of the National System of Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; (i) Call for ordinary and extraordinary meetings of the Federal Council of Local Mechanisms for the Prevention of Torture; (j) to bring to the attention of the Federal Council of Local Mechanisms for the Prevention of Torture the work plan and the reports of action, inspection and thematic; 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 in accordance with the standards established in this law; or public or private bodies which are linked to their activity, as well as staff affected by detention facilities and persons deprived of their freedom; m) Building cooperation with the bodies of treaties and procedures Special regional and international systems for the promotion and protection of human rights (n) Represent the National System for the Prevention of Torture and Other Cruel,

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Inhuman or Degrading to the Subcommittee for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of the Committee Against Torture; n) Communicate to the national or provincial authorities and the Autonomous City of Buenos Aires. Air, as well as the judicial magistrates and officials concerned, the existence of acts of torture or cruel, inhuman or degrading treatment or punishment reported or found by the National Committee for the Prevention of Torture or the Local mechanisms for the Prevention of Torture and Other Cruel, Inhuman or Cruel Demeaning. Request the adoption of urgent special measures for the cessation of abuse and its investigation and for the protection of victims and/or complainants in the face of possible reprisals or damages of any kind that could affect them.

ARTICLE 8 °-Of the faculties and attributions. For the performance of its tasks, the National Committee for the Prevention of Torture shall have the following powers and powers: (a) to request data, information or documentation from those responsible for public and/or private institutions in which it is find persons deprived of liberty, to all other national and/or provincial and/or municipal public authorities, as well as to the Judicial Branch and the Public Ministry at the national level, in the provinces and in the Autonomous City of Buenos Aires. The same power shall be for the State and non-State organizations of the National System of Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on the Functioning of the System; documentation, files and/or administrative and/or judicial files containing information on persons deprived of liberty and/or on their conditions of detention and/or on the functioning of the places of confinement; (a) private or collective freedom of liberty, in a confidential manner and without the presence of (d) to enter the places of detention where persons deprived of their liberty are found or could be found with cell phones, computers, recorders, photographic cameras and/or (e) To hold meetings with relatives of persons deprived of liberty, magistrates and judicial officers, lawyers, doctors and other health professionals, members of the the various prison services or detention or accommodation institutions, and with all public or private persons and bodies which the National Committee for the Prevention of Torture considers necessary for the fulfilment of its mandate; (f) Deciding the comparison of officials and employees of bodies and entities (g) Take action to remove the obstacles to which the other members of the European Union are concerned, in order to require explanations and information on matters relating to their subject-matter; National System for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment the exercise of their duties, in particular with regard to access to detention facilities and information requested under this law; (h) to develop actions and to work with non-governmental and/or non-governmental organisations; and local public institutions in jurisdictions where there is no local mechanism established or designated for compliance with the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Recommend to local mechanisms actions related to the development of their functions for the better compliance with the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; (j) Monitor the operation of the disciplinary and promotion systems of those institutions of the State national, of the provinces and/or of the Autonomous City of Buenos Aires which are responsible for the

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administration, control, security or custody of places of detention and to promote the application of administrative penalties for violations of the laws, regulations or contractual provisions that the National Committee for the Prevention of Torture in the exercise of its functions; (k) Issue opinion on the basis of documented information in the processes of designation and promotion of magistrates and judicial officials linked to their powers; public campaigns for dissemination and clarification on the rights of persons in (m) Propose institutional reforms for the fulfilment of 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 the discussions (a) to promote judicial, individual and collective actions in order to ensure the fulfilment of their functions and to ensure compliance with their functions; and (n) to bring to the attention of the judges at whose disposal the persons will be They are free, and may at the same time express their opinion on some aspect of fact or law, as a "friend of the court"; or) Articulate their actions with universities, human rights organizations, associations of family members persons deprived of liberty and other bodies of civil society who develop actions in defence of the rights of persons deprived of liberty at national, provincial and municipal level. Coordination of actions may be carried out by means of the signing of conventions, the drawing up of reports or joint visits; (p) Appointing and removing their staff, and issuing the regulations to which they must conform; (q) Acquiring goods of any kind; and to administer bank accounts, and to conclude 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 of its members, any privileges deemed appropriate for a efficient and agile operation; s) to ensure the publicity of its activities; annually raise their draft budget to the Congress of the Nation for incorporation into the draft general budget bill; or) Carry out any other act that is necessary for the best fulfillment of its purposes and functions.

Chapter III

Scope of its resolutions.

Communications. Reporting

Article 9 °-From specific interventions and situation and thematic reports. The National Committee for the Prevention of Torture will be able to make recommendations, as well as any other actions necessary for the fulfillment of its specific functions. The public or private authorities required by the National Committee for the Prevention of Torture must respond to their requests within a period not exceeding twenty (20) days. The National Committee for the Prevention of Torture will be able to carry out situation and/or thematic reports. The reports shall be forwarded to the competent authorities and to the federal authorities in their capacity as guarantors of the international obligations assumed by the Argentine Republic in

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the matter. If it is deemed necessary, the National Committee for the Prevention of Torture may, at the time of referral, set a time limit of 20 (20) days to obtain a reply from the competent authorities. Within the time limit set for this purpose, the authorities must respond on the basis of the requirements, as well as communicate the action plan and action schedules for implementation. In case of failure to obtain an answer within the time limit set for the purpose or to be insufficient, the National Committee for the Prevention of Torture may bring to the attention of the Bicameral Commission of the Ombudsman's Office. Bicameral Commission, to the Commission on Human Rights and Guarantees of the Chamber of Deputies of the Nation, to the Commission on the Rights and Guarantees of the Senate of the Nation, to the national and/or provincial executive powers and to the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In turn, in the face of this situation, the National Committee for the Prevention of Torture will be able to summon the employees, officials and/or competent authorities in order to require explanations or information. Failure to deliver in time and form by a respective authority to a site provided by the National Committee for the Prevention of Torture, in the terms of this article, or its manifest refusal to cooperate in the examination to The person responsible shall be liable in the figure provided for and repressed by Article 249 of the Penal Code. The National Committee for the Prevention of Torture, if it deems appropriate, may give publicity to the steps and/or reports of the situation. It may also convene dialogue tables or public hearings.

ARTICLE 10. -From the annual reports. The National Committee for the Prevention of Torture will present an annual report to the Bicameral Commission. The report shall be submitted by 31 May of each year. The annual report will contain a diagnosis of the situation of persons deprived of liberty in the country and an assessment of the compliance with state obligations in this area. Where possible, the National Committee for the Prevention of Torture shall present the information by provinces and competent authority. The National Committee for the Prevention of Torture will define those indicators that will allow a better record of the information and its annual comparison. In turn, the report shall include an annex with the details of the implementation of the budget for the period. The National Committee for the Prevention of Torture will also present its annual report to the national executive branch, the federal councils of Human Rights, Penitentiary, Homeland Security and Ninevez and to any other authority it considers relevant. The National Committee for the Prevention of Torture will bring to the attention of the Commission on Human Rights and Guarantees of the Chamber of Deputies of the Nation, the Committee on the Rights and Guarantees of the Senate of the Nation, to the Court of Justice, to the Court of Justice. Supreme Court of Justice of the Nation, the Council of the Judiciary of the Nation, the Attorney General of the Nation, the General Office of the Nation, and any other authority that it considers pertinent. It shall also forward its annual report to the Subcommittee on the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The report will be published since its referral to the Bicameral Commission.

Chapter IV

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Integration. Authorities.

Selection mechanism

ARTICLE 11. -Of integration. The National Committee for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment shall be composed 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 Congress of the Nation; b) The Attorney General of the Nation and two (2) representatives of the Local Mechanisms elected by the Federal Council of Mechanisms (c) Three (3) representatives of non-governmental organizations which are active in the defence of the rights of persons deprived of liberty and the prevention of torture, which have emerged from the process of Selection of Article 18 of this Law; (d) One (1) representative of the Secretariat of Rights Human rights of the Ministry of Justice and Human Rights of the Nation. The Committee's presidency shall be one of the representatives of the legislative majority for the duration of its term of office. The exercise of these charges shall be incompatible with the performance of another remunerated, public or private activity, except for teaching, academic research and training activities in matters relating to the application of the Optional Protocol. of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In the integration of the National Committee for the Prevention of Torture, the principles of federal composition, gender equity, non-discrimination, and ensuring multidisciplinarity and representation of the social forces must be respected. The Commission has also been involved in the promotion and protection of human rights.

ARTICLE 12. -From the command. The term of office of the members of the National Committee for the Prevention of Torture shall be as follows: (a) Four (4) years for the members of points (a); (c) and (d) of Article 11 of this Law, and may be re-elected by a single time. The renewal process will be partial and must ensure the composition of the National Committee for the Prevention of Torture established in this law. If they have been re-elected they will not be elected again but with the interval of a period; b) Two (2) years for the representatives of the local mechanisms; c) The Attorney General of the Nation, according to the mandate established in law 25,875.

ARTICLE 13. -Of the inabilities. The National Committee for the Prevention of Torture may not be included: (a) Those persons in respect of which there is sufficient evidence of participation in events which may be subsumed in the category of crimes against humanity; have integrated security forces and have been reported and/or have a history of having participated, consented or validated acts of torture or other cruel, inhuman and/or degrading treatment and punishment.

ARTICLE 14. -Of incompatibilities. The position of member of the National Committee for the Prevention of Torture is incompatible with the exercise of other activities that could affect or jeopardize the fulfillment of the objectives of the National Committee for the Prevention of Torture.

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ARTICLE 15. -The Eesc. Causes. The members of the National Committee for the Prevention of Torture cease their duties by any of the following grounds: (a) By resignation or death; (b) By the expiration of their term of office; (c) By an over-the-coming incapacity, reliably accredited; (d) for having been convicted of a criminal offence by a firm judgment; and) for the alleged negligence in the performance of the duties of the office; f) For having incurred any incompatibility situation provided for in this law.

ARTICLE 16. -The Eesc. Forms. In the cases referred to in Article 15 (a) and (d), the Eesc shall be prepared by the National Committee for the Prevention of Torture. In the cases referred to in points (c), (e) and (f) of the same Article, the eesc shall be decided by the vote of two-thirds of the members present in both chambers, subject to debate 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 this law and respecting the composition should be promoted as soon as possible. established.

ARTICLE 17. -of guarantees and immunities. Members of the National Committee for the Prevention of Torture will enjoy the immunities established by the National Constitution for members of Congress. They shall not be arrested from the day of their appointment until their termination or suspension. When self-processing and/or similar resolution by the competent court is issued against any of the members of the National Committee for the Prevention of Torture for Intentional Crime, it may be suspended in its functions by both Chambers until to give his or her dismissal or acquittal. Members of the National Committee for the Prevention of Torture may not be ordered to pay the costs of judicial proceedings in which they are involved. They also have the right to maintain the confidentiality of the source of the information they collect in the exercise of their duties, even after the end of the mandate. During the term of his term of office and in connection with his work, members of the National Committee for the Prevention of Torture shall have immunity against the seizure of his personal luggage, against the seizure or control of any material and document and against interference in communications.

ARTICLE 18. -The selection procedure. 1. The three (3) members of the National Committee for the Prevention of Torture (c) of Article 11 shall be elected by the Congress of the Nation as follows: (a) The Bicameral Commission of the Ombudsman's Office created by law 24,284 shall open a period of receipt of nominations proposed by social organizations of human rights or professionals that have a trajectory in the defense of persons deprived of liberty, detailing the criteria laid down in Article 20 of the present law. This call for applications will be published in the Official Gazette, in at least two (2) national circulation newspapers, and on the website of the Bicameral Commission. b) Due to the deadline for applications, the Bicameral Commission will publish the full list of candidates, their background and whether they have one or more organizations that propose or support them. The publication shall be made in the Official Gazette, in at least two (2) national circulation newspapers and on the Commission's website. Citizens in general, non-governmental organizations, professional associations and associations, academic and human rights organizations, will be able to

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submit observations, support and challenges, in writing and in a well-founded and documented manner within 15 working days (15) of the last publication; (c) The Bicameral Commission shall convene the shortlisted candidates for a hearing public. It will also call on those who have submitted observations, supports or challenges, who will be heard in advance of the candidate. d) The public hearing, the Bicameral Commission will make an opinion proposing to the three (3) candidates to occupy the positions of the National Committee for the Prevention of Torture. The three (3) candidates must have been nominated by the non-governmental organizations that participated in the procedure. The opinion will be raised to both chambers. The House of Senators will act as the home chamber. 2. The seven (7) members of the National Committee for the Prevention of Torture (a) and (d) of Article 11 shall be chosen as follows: The six (6) parliamentary representatives shall be elected by the respective blocs of both parties. Chambers and the Human Rights Secretariat of the Ministry of Justice and Human Rights of the Nation according to its internal provisions. Your nomination must be forwarded to the Bicameral Commission for the publication of your background and the procedure for submitting observations or challenges to be considered in the intended public hearing will be opened. If there are no objections, the Bicameral Commission will include these candidates in the opinion to be considered by both chambers. The Bicameral Commission will regulate the present procedure, so that from the call for applications until the signature of the opinion no more than one hundred (100) days runs.

ARTICLE 19. -The Senate will give the agreement to the list of candidates included in the opinion proposed by the Bicameral Commission. Once the opinion has been approved, it will send the list of selected members to the Chamber of Deputies of the Nation for approval in the first session of the tables. If the Chamber of Deputies does not agree to the payroll submitted, the procedure will follow the procedure established for the sanction of the laws. If the Senate does not reach the majority to insist on the opinion rejected by the Chamber of Deputies, the Bicameral Commission will have to produce a new list within sixty (60) days. The vote 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 houses.

ARTICLE 20. -Of the selection criteria. They will be criteria for the selection of members of the National Committee for the Prevention of Torture: a) Ethics integrity, commitment to democratic values and the recognized trajectory in the promotion and defense of human rights, with special emphasis on safeguarding the rights of persons deprived of liberty and the prevention of torture. (b) Ability to maintain independence of criterion for the performance of the function in the terms required by compliance with the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment present law.

Chapter V

From the Federal Council of Local Mechanisms

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for the Prevention of Torture

ARTICLE 21. -From creation and integration. Create the Federal Council of Local Mechanisms for the Prevention of Torture, which will be integrated by the local mechanisms that are created or designated in accordance with Title III of this Law and the National Penitentiary Administration. Each province and the Autonomous City of Buenos Aires will have a single representation, without prejudice to the fact that they have created more than one provincial mechanism or that they integrate a regional one. In the latter case, the latter will have as many votes as provinces.

ARTICLE 22. -Of the functions. They are the functions of the Federal Council for Local Mechanisms for the Prevention of Torture: (a) Reunite in ordinary and extraordinary sessions in accordance with the provisions of Article 23 and dictate its own rules; (b) Elevate, to the National Committee for the Prevention of Torture, proposals and studies aimed at improving their work plan, in accordance with the provisions of Article 7 (j). To this end, it may propose to the National Committee for the Prevention of Torture lines of work and inspection measures, from the national diagnosis to be reached at the Council's plenary meetings; changes to the standards of action developed by the National Committee for the Prevention of Torture, in accordance with Article 7 (f); d) Collaborate on the dissemination of information and recommendations generated by the National Committee for the Prevention of Torture; (e) Deciding on the fulfilment of the requirements laid down in this Law for the local mechanisms created or designated by the provinces and the Autonomous City of Buenos Aires; (f) Evaluate the functioning of the local mechanisms and propose to the National Committee for the Prevention of Torture the actions to be taken (g) Inshore the provinces and/or the Autonomous City of Buenos Aires to designate or create the corresponding local mechanisms; (h) Designate, on a proposal from the National Committee for the Prevention of Torture, the government or non-governmental bodies that will comply with the local mechanism function prevention of torture due to the expiration of the term for the designation or provincial creation, without prejudice to the other subsidiary functions developed by the National Committee. The temporary mechanism appointed by the Federal Council shall cease to be designated or created by the local mechanism; (i) Invite the meeting to the non-governmental organizations and public institutions that it considers relevant.

ARTICLE 23. -Of the sessions. The Federal Council of Local Mechanisms for the Prevention of Torture meets two (2) times a year in ordinary sessions. For reasons of urgency or extreme need, the National Committee for the Prevention of Torture or at least 40% (40%) of the designated local mechanisms may be summoned to an extraordinary session by the National Committee for the Prevention of Torture. created.

ARTICLE 24. -The operation and the system of decisions. The Federal Council of Local Mechanisms for the Prevention of Torture will begin to operate with the president of the National Committee for the Prevention of Torture, the Nation's Penitentiary Attorney and the local mechanisms created that represent at least four (4) provinces. It will take its decisions by a simple majority of the representatives present.

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

ARTICLE 25. -From the administrative support. The organization and execution 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 an area dedicated to the effect.

Chapter VI

Structure. Heritage

ARTICLE 26. -Of the structure. The National Committee for the Prevention of Torture will have one (1) president and one (1) executive secretary who will give him technical and functional support.

ARTICLE 27. -From the president. They shall be specific functions of the President: (a) Exercise the legal representation of the National Committee for the Prevention of Torture; (b) propose the rules of procedure to the National Committee for the Prevention of Torture for approval; National Committee for the Prevention of Torture to plenary meetings, and to chair them; d) Chair the sessions of the Federal Council of Local Mechanisms for the Prevention of Torture.

ARTICLE 28. -From the Executive Secretariat. The Executive Secretariat shall have the necessary structure and resources to ensure the proper performance of the functions designated in this Law for the National Committee for the Prevention of Torture and the Federal Council of Mechanisms. Local. The holder of the Executive Secretariat shall be appointed by the National Committee for the Prevention of Torture through a public background contest and a broad participation mechanism that respects the rules of publicity, transparency and legitimacy arising from the procedure laid down in this law for the designation of members of the National Committee for the Prevention of Torture. For the selection of the secretary/executive, Articles 13 and 20 of this Law shall be governed by the law. The secretary/executive will have exclusive dedication, will last in his office four (4) years and will be re-eligible for one (1) period. The exercise of the position shall be incompatible with the performance of another remunerated, public or private activity, except for teaching, academic research and training activities in matters relating to the application 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 Law.

ARTICLE 29. -Of the functions. They are the functions of the secretary/executive: a) To implement all the provisions of the National Committee for the Prevention of Torture for the fulfillment of this law; b) To fulfill the responsibilities, powers and powers that force it to delegated by the National Committee for the Prevention of Torture; (c) Organize the registration and administration of all necessary inputs for the appropriate

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The National Committee for the Prevention of Torture; (d) 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 Law shall provide for the necessary items to ensure the proper functioning of the National System of Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in order to complete the objectives which the present law entrusts. For the first annual financial year, the appropriations determined by the budget law shall not be less than three percent (3%) of those allocated to the Congress of the Nation.

ARTICLE 31. -From heritage. The heritage of the National Committee for the Prevention of Torture will be integrated with: (a) All types of movable and immovable property of the State that are affected by their missions and functions by administrative decision; (b) All kinds of contributions, contributions in money, subsidies, legacies, inheritances, donations, movable or immovable property, programmes of activities or transfers which it receives under any title, from international human rights organisations; (c) Any other income compatible with the nature and purposes of the body, which may be assigned to it under the laws and rules applicable.

TITLE III

Of the local mechanisms for prevention

of torture and other cruel, inhuman or degrading treatment or punishment

ARTICLE 32. -Of the creation or designation. The provinces and the Autonomous City of Buenos Aires shall create or appoint the institutions that will fulfill 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 law. The National Penitentiary Attorney's Office, without prejudice to the other powers established by law 25,875, shall comply with the functions of the mechanism for the prevention of torture in the terms of this law in all places of detention. dependent on national and federal authority.

ARTICLE 33. -The scope of action. Without prejudice to the provisions dictated by the provinces and the Autonomous City of Buenos Aires, as established by the previous article, local mechanisms will be able to fulfill tasks of visiting and monitoring in the places of detention. dependent on national authority located in its territorial scope of action and the Nation's Penitentiary Attorney will be able to do so in detention centers dependent on local authority, in both cases under the coordination of the National Committee for the Prevention of Torture, as a governing body.

ARTICLE 34. -Of the minimum requirements. For the creation or designation of local mechanisms

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For the prevention of torture, the federal system, the provinces and the Autonomous City of Buenos Aires shall ensure compliance with the following minimum design and operating requirements: (a) Legal creation or designation; (b) Functional independence and financial autarquia; (c) Publicity and effective participation of civil society in the process of creation or designation of local mechanisms; (d) Institutional design to ensure the participation of civil society organisations in the operation of the local mechanisms and respect for the principles of gender equity, non-discrimination and multidisciplinary in its composition; and) Articulation with the organisations and institutions developing tasks linked to the situation of persons (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; g) Mechanisms of accountability.

ARTICLE 35. -Of the functions. Local mechanisms shall 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 bodies and entities which are the subject of their jurisdiction under Article 4 of this Law, being able to attend with experts, advisers or with whom considers the case, being able to register the inspection or visit by the media and with the technological supports it considers relevant; b) Collect and systematise information on the situation of persons deprived of liberty in the territory of the province, whether they are subject to federal, national, provincial or national 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 faculties. Local mechanisms shall have at least the following powers: (a) Access to information or documentation referred to public and/or private institutions in which persons are deprived of liberty, as well as to files and/or administrative and/or judicial files where information on persons is included (b) To interview persons deprived of their liberty in an individual or collective manner, in a confidential manner and without the presence of witnesses, in the event of the detention and/or the operation of the places of detention; (c) To request the national or provincial authorities and the any competent authority, as well as the judicial magistrates and officials concerned, for the adoption of urgent measures for the protection of persons deprived of liberty where, by virtue of their declarations, they may be victims of aggression, punishment, retaliation, or prejudice of any kind, or where at the discretion of the local mechanisms, there are elements indicating an imminent event of a harmful nature that could affect them for any reason; judicial actions, including precautionary measures, in order to ensure compliance of their functions and purposes, being able to appear as a plaintiff or a particular survivor,

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under the jurisdiction in question; (e) to establish links of cooperation and coordination with state entities and civil society organisations which carry out visits and/or monitor the situation of places of detention in the territory of their territory; competence. Coordination of actions may be carried out by means of conventions, reports or joint visits.

TITLE IV

Of the relationships of collaboration and articulation

of the National System for Prevention

of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

ARTICLE 37. -Of coordination. The National Committee for the Prevention of Torture, the Federal Council and the local mechanisms established under this law will exchange information and develop joint actions for the performance of their functions.

ARTICLE 38. -From the collaboration. In the development of its functions, the National Committee for the Prevention of Torture will request the collaboration of the Nation's Penitentiary Attorney, local mechanisms that create or appoint the provinces and the Autonomous City of Buenos Aires. Air, 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 best use of existing resources. Coordination of actions may be carried out by means of conventions, reports or joint visits.

ARTICLE 39. -Of the conventions. The National Committee for the Prevention of Torture and local mechanisms will be able to carry out agreements with public ministries and national, federal, and provincial judicial authorities for the purpose of developing information and shaping systems. working groups for the development of activities linked to the implementation of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In order to fulfill these tasks, the National Committee for the Prevention of Torture may be integrated with officials appointed in the committee of services, in accordance with the laws applicable to each particular case.

ARTICLE 40. -From the annual meeting. The National Committee for the Prevention of Torture, together with the Federal Council, will organize at least one annual meeting of discussion on the situation of persons deprived of liberty in the country and an evaluation of the functioning of the system. National of Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. They will bring together representatives of all local mechanisms. The National Committee for the Prevention of Torture may invite representatives of the public ministries and national, federal and provincial judicial powers, as well as any other public bodies and civil society organizations, to the public, interested in the fulfillment 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 shall be included in the annual report for the period.

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TITLE V

System Operating Standards

National of Prevention of Torture

and Other Cruel, Inhuman Treatment or Punishment

or Degrading. General Provisions

ARTICLE 41. -From the visits. All non-governmental organizations interested in the situation of persons deprived of liberty shall have the power to make visits to the places of detention detailed in Article 4 of this Law, as provided for in the regulations. the National Committee for the Prevention of Torture. The regulation may not restrict the level of access to which organisations carrying out visits at the time of this law are subject. The regulation will provide for the possibility of recording the visit by audiovisual means; the discretion to select the places of inspection and the people to interview; as well as the conduct of private interviews.

ARTICLE 42. -Access to information. Without prejudice to Articles 7 (c), 8 (a) and (b), and (b) and (b) and (b) of this Law, in relation to the National Committee for the Prevention of Torture and local mechanisms, any body belonging to the public administration national, provincial and/or municipal, both centralized and decentralized, regardless of their legal nature, the judicial branch and the public ministry at the national level, the provinces and the Autonomous City of Buenos Aires, as well as the natural or legal persons, public or private connected with the places of confinement, are obliged to to provide the remaining members of the National System of Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, access to all information regarding the situation of persons deprived of liberty in the framework of the Objectives of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

ARTICLE 43. -Access to selection and promotion processes. Without prejudice to the provisions of Article 8 (k) and (l) of this Law, in relation to the National Committee for the Prevention of Torture, all information regarding the selection, training, training, and promotion processes may be accessed. and promotions of persons who carry out functions linked to persons deprived of liberty throughout the territory of the Argentine Republic.

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

ARTICLE 45. -Of consent. The informed consent of the affected person will always be required to publish their personal data and information in reports, media or other ways of making public the information that the prevention system seeks; this guideline is extensible to

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any confidential information accessed by the members of the prevention system. The agents of the prevention system shall take measures and methodologies to act in accordance with the informed consent of the persons deprived of liberty in whose favor they are intended to initiate individual or collective actions; and in this sense, they shall seek the joint development of strategies with the survivor, his or her family or community environment, to the extent that this is appropriate and possible. Where the judicial complaint proceeds, without prejudice to acting as far as possible in accordance with the preceding paragraph, the protective measures shall be instituted by articulating all the measures of protection for their rights, including, immediate intervention by the curator, tutelary or state protection agency of unable, official defence or legal assistance, as appropriate. In cases in which there are minor victims, the best interests of the child shall prevail in accordance with the provisions of the Convention on the Rights of the Child and Law 26.061 of the Comprehensive Protection of the Rights of the Girls, Children and Teenagers.

ARTICLE 46. -From the judicial intervention. If they are found to be torture, cruel, inhuman or degrading treatment or punishment, even if they do not have the consent of the survivor, all the judicial actions necessary to safeguard their integrity.

ARTICLE 47. -The duty of confidentiality. All information received by the National Committee for the Prevention of Torture and the Federal Council, from persons deprived of liberty, family members, officials or any other person or body, referred to the situation or complaint A person in detention shall be reserved unless the persons concerned have been authorised. Also, the members and officials of the National Committee for the Prevention of Torture and local mechanisms should reserve the source of the data and information they obtain and on which they base their actions or recommendations. They shall also preserve the identity of victims of torture, awards, cruel, inhuman or degrading treatment or punishment where disclosure could place the victim at risk. The members and officials of the National Committee for the Prevention of Torture and local mechanisms are reached by the provisions concerning the professional secrecy that corresponds to the practice of law. This duty of confidentiality applies to the professionals and interpreters accompanying the visit.

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

ARTICLE 49. -Of conflicts. Civil society organisations interested in the implementation of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment that encounter obstacles to the performance of their missions and (a) functions may be used by local mechanisms or the National Committee for the Prevention of Torture to resolve conflicts arising in connection with the scope of this law.

ARTICLE 50. -Of the prison quota. For the best fulfilment of the obligations arising out of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the competent authorities shall regulate a mechanism for determining the accommodation capacity of the detention centres in accordance with the constitutional standards and

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(a) international agreements on the subject, and the specific tools for dealing with cases of accommodation for persons above the legal quota fixed for each establishment.

ARTICLE 51. -From the obligation of collaboration. All the agencies belonging to the national, provincial and municipal public administration; the members of the judicial branches and public ministries in the national, provincial, and the Autonomous City of Buenos Aires, as well as the natural or legal persons, public or private whose activity is linked to the situation of persons deprived of liberty, are obliged to provide preferential cooperation to the National Committee for the Prevention of Torture and to local mechanisms for carrying out their tasks in compliance with the Optional Protocol of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

ARTICLE 52. -From the hindrance. Anyone who prevents the unrestricted entry of the National Committee for the Prevention of Torture and/or the local mechanisms to the places of confinement; the contact in conditions of privacy with the persons deprived of liberty; the registration of the visits; and/or the conduct of 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 incur serious administrative misconduct. The persistence in an attitude hindering the work of the National Committee for the Prevention of Torture and/or local mechanisms, by any body 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 corresponding section of the annual report provided for in article 10 of this law. The National Committee for the Prevention of Torture and local mechanisms may require the intervention of the justice system to obtain the referral of the documentation that has been denied by any public or private institution.

ARTICLE 53. -From the ban on sanctions. No authority shall order, apply, permit or tolerate any sanction against a person, official or organization for having communicated to the members of the National System for the Prevention of Torture and Other Cruel, Inhuman or Demeaning information concerning the situation of persons deprived of liberty is true or false. None of these persons will be liable for any damages for this reason. It shall not be available for those who intend to give information to any member of the National System of Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to do so through their hierarchical officers.

ARTICLE 54. -The protection of witnesses. The national executive branch, in conjunction with the provincial authorities, must establish a program to grant protection to those persons deprived of liberty who are exposed to intimidation and/or reprisals such as the consequences of the complaints or information that they have provided to the members of the National System of Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment or to any other state agency.

ARTICLE 55. -Of the regulations. For the best fulfilment of the obligations arising out of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the competent authorities shall amend the regulations. (a) administrative measures which are contrary to the rules laid down in this Law.

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ARTICLE 56. -Of the minimum rules. For the purpose of fulfilling the missions of the National System for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, basic principles and guidelines on the right of victims of rape shall be considered. The Declaration on the Fundamental Principles of Justice for Victims of Human Rights and Fundamental Principles of Justice for Victims of Human Rights. Crimes and Abuse of Power; Basic Principles for the Treatment of Prisoners; the Set of Principles for the Protection of all Persons subjected to any form of Detention or Prison; the Minimum Rules for the Treatment of Prisoners; Basic Principles on the Use of Force and Firearms by Persons Officials Responsible; Principles relating to the effective investigation and documentation of torture and other cruel, inhuman or degrading treatment or punishment (2000); the United Nations Minimum Rules for the Administration of Justice (Beijing Rules); the United Nations Guidelines for the Prevention of juvenile delinquency (Riyadh Guidelines); the Declaration on the Social and Legal Principles Relating to the Protection and Welfare of Children, with Particular Reference to Adoption and Placement in Hogars of Guarda, in the Planes National and International (1986); United Nations Minimum Rules on Non-Proprietary Measures of Freedom (Tokyo Rules); United Nations Rules for the Protection of Private Minors of Freedom (1990); Principles of United Nations in Favor of the Elderly (AGNU-Res. 46/91); the Principles of the United Nations for the Protection of the mentally ill and the improvement of the attention of the Mental Health, the Declaration of the Rights of the Mental Delayed (1971); the Declaration of the Rights of the Imorders (1975); the Ten basic principles of the norms for the attention of Mental Health (WHO); the Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Language Minorities (1992); the Principles of Medical Ethics Applicable to the Role of Health Personnel, Doctors, in the Protection of Persons Presses and Detained Against Torture and Others Cruel, inhuman or degrading treatment or punishment; and the Code of Conduct for law enforcement officials (1979) and the United Nations Guidelines on the role of prosecutors.

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.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, THE DAY

TWENTY-EIGHT NOVEMBER OF THE YEAR TWO THOUSAND TWELVE.

-REGISTERED UNDER NO 26,827-

BELOVED BOUDOU. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -Juan H. Estrada.

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Date of publication: 11/01/2013

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