Created The National System Of Prevention Of Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment.

Original Language Title: Créase el Sistema Nacional de Prevención de la Tortura y Otros Tratos o Penas Crueles, Inhumanos o Degradantes.

Read the untranslated law here: https://www.boletinoficial.gob.ar/#!DetalleNorma/10260007/20160703

RIGHTS human rights human law 26.827 created the national system of prevention of torture and other cruel, inhuman or degrading treatment or punishment. Sanctioned: 28 November 2012 fact promulgated: 7 January 2013 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: national mechanism of prevention the torture and other ill-treatment or penalties cruel, inhuman or degrading title I of the national system of prevention of torture and other cruel, inhuman or degrading chapter I creation, scope, integration article 1 ° - protected rights. National System. Establishing the national system of prevention of torture and other cruel, inhuman or degrading, whose purpose will be to ensure all recognized rights aimed at the prevention and prohibition of torture and other cruel, inhuman or degrading treatment or punishment enshrined by articles 18 and 75, paragraph 19, of the Constitution, the Convention against torture and other cruel Inhuman or degrading, incorporated into the Constitution in article 75, paragraph 22, by the Optional Protocol of the Convention against torture and other cruel, inhuman or degrading treatment or punishment approved by law 25.932, and other international treaties that versaren on these rights.
https://www.boletinoficial.gob.ar/pdf/linkQR/dkI4dnRyVC82b2hycmZ0RFhoUThyQT09 article 2 ° - from the scope of application. Public order. Pursuant to articles 29 and 30 of the Optional Protocol to the Convention against torture and ill-treated or cruel, inhuman or degrading penalties the provisions of this Act are enforcement and applicable throughout the territory of the Republic.
Article 3 ° - integration. The national system for the prevention of torture and other ill-treatment or cruel, inhuman or degrading treatment or punishment is integrated by the National Committee for the prevention of torture, the Federal Council of local mechanisms, local mechanisms that are designated in accordance with this standard, and governmental institutions, public bodies and non-governmental organizations interested in the fulfilment of the objectives of the Optional Protocol to the Convention against torture and other cruel , Inhuman or degrading.
Article 4 ° - from the place of detention. For the purposes of this Act means place of detention any establishment or sector under jurisdiction or control of national, provincial or municipal governments, as well as any other entity, public, private or mixed, wherever they may be, or persons deprived of their liberty, by order, may be instigation, or with the consent or acquiescence of judicial, administrative authority or other public authority. This definition shall be construed as established in article 4, paragraphs 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 system of prevention of torture and other cruel, inhuman or degrading treatment or punishment.
Article 5 ° - principles. (Them principles that govern the operation of the system national of prevention of the torture and other dealings or penalties cruel, inhuman or degrading are: to) strengthening of the monitoring. This law promotes the strengthening of the capacities of State and non-State agencies that perform related functions with the monitoring of places of detention and the defence of the rights of persons deprived of their liberty. In no circumstance may consider is that the establishment of the system national of prevention of the torture and other dealings or penalties cruel, inhuman or degrading implies a restriction or the weakening of those capabilities; (b) coordination. The members of the national system of prevention of torture and other cruel, inhuman or degrading treatment or Punishment Act as coordinated and articulated; (c) complementarity. Subsidiarity. The members of the national system of prevention of torture and other cruel, inhuman or degrading treatment or punishment will act in a complementary manner to the fulfilment of the objectives of this Act. The National Committee for the prevention of torture will act in subsidiary form in all jurisdictions in the country to ensure uniform operation of the national system of prevention of torture and other cruel, inhuman or degrading; (d) cooperation. The competent public authorities shall promote the development of dialogue https://www.boletinoficial.gob.ar/pdf/linkQR/dkI4dnRyVC82b2hycmZ0RFhoUThyQT09 and cooperation with the national system of prevention of torture and other cruel, inhuman or degrading punishment in order to ensure the fulfilment of the objectives of the Optional Protocol to the Convention against torture and other cruel, inhuman or degrading treatment or punishment and of the present law.

Title II of the National Committee for the prevention of torture chapter I creation and scope of article 6° - creation. Create is the Committee national for the prevention of the torture, that will act in all the territory of the Republic Argentina in accordance with them skills and powers that is established in the present law. The National Committee for the prevention of torture was created within the scope of the legislative power of the nation and exercises the functions established by the present law without receiving instructions from any authority.

Chapter II functions. Powers and duties Article 7° - functions. The National Committee for the prevention of torture: to) Act as a governing body, articulating and coordinating system national prevention of torture and other cruel, inhuman or degrading punishment and in particular of local mechanisms that are created or designated in accordance with this Act, 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 inhuman or degrading cruel, inhuman or degrading; (b) carry out inspection visits to any place of detention in accordance with the definition provided for in article 4 of this law. Visits may be regular or extraordinary character and without prior notice, accompanied by suitable persons selected by the National Committee for the prevention of torture; (c) collect and systematize information of the national system of prevention of torture and other cruel, inhuman or degrading treatment or punishment as well as any other source deemed relevant, on the situation of persons deprived of liberty in the territory of the Republic Argentina, organizing own databases which deems necessary;
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d) systematize the production of information requirements necessary for the implementation of the Optional Protocol for the prevention of torture and other ill-treatment or from cruel, inhuman or degrading treatment or punishment punishment of the whole national system of prevention of torture and other ill-treatment or punishment cruel, inhuman or degrading; and develop the minimum programme of production of information which must be run by competent authorities; (e) create, implement and coordinate the functioning of the national registry of cases of torture and other inhuman or cruel, inhuman or degrading treatment or punishment and a national register of proceedings of Habeas Corpus motivated in the worsening of conditions of detention; ((f) draw up, within the first six (6) months of its operation, standards and performance criteria, and promote their uniform and homogeneous application 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 detention facilities; (II) conditions of detention; (III) capacity of accommodation and control of overpopulation; (IV) use of force, seizure and restraint measures; (V) regime disciplinary; (VI) designation of officials; (VII) documentation and investigation of cases of torture or ill-treatment; (VIII) regime of transfers; (IX) strengthening of judicial controls; (X) all those that are core to compliance with the Optional Protocol to the Convention against torture and other cruel, inhuman or degrading treatment or punishment and of the present law. For this purpose, it shall take into account the recommendations and proposals made by the Federal Council of local mechanisms for the prevention of torture. As long as the National Committee for the prevention of torture set specific standards based on his studies and research capacity of establishments of detention, conditions of security, sanitation, prevention of accidents, quotas of accommodation and other conditions for human and dignified treatment in places of deprivation of liberty, will be used in the guidelines, standards and recommendations of good practices produced by the professional associations universities, and statements of national and international social organizations of recognized experience in specific areas, laws and regulations regarding hygiene, sanitation, construction and security that can be applied by analogy, and the statements of international organizations which have established consensus on standards applicable to this type of institutions; (g) designing and recommending actions and policies for the prevention of torture and other ill-treatment or cruel, inhuman or degrading treatment or punishment, and promote the application of its guidelines, recommendations, standards and criteria for action by the competent authorities at the national, provincial and municipal level; (h) adopt measures aimed to ensure the operation of the system national of prevention of the torture and other dealings or penalties cruel, inhuman or degrading; (i) convene ordinary and extraordinary meetings of the Federal Council of local mechanisms for the prevention of torture; j) put in knowledge of the Federal Council of local mechanisms for the prevention of torture the work plan and performance reports, inspection and theme; (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 across the country according to the standards established in this Act; (l) advise and training entities or public or private organizations having links with its activity, as well as the staff affected places of detention and persons deprived of their liberty; (m) create ties of cooperation with the organs of treaties and special procedures of the regional and international systems for the promotion and protection of human rights; n) represent the national system of prevention of torture and other cruel, https://www.boletinoficial.gob.ar/pdf/linkQR/dkI4dnRyVC82b2hycmZ0RFhoUThyQT09 inhuman or degrading before the Subcommittee for the prevention of torture and other inhuman or degrading cruel, inhuman or degrading treatment or punishment of the Committee against torture; (n) to communicate to the national or provincial authorities of the autonomous city of Buenos Aires, and judges and judicial officers that apply, the existence of acts of torture or ill-treatment or cruel, inhuman or degrading penalties reported or recorded by the National Committee for the prevention of torture or the local mechanisms for the prevention of torture and other ill-treatment or cruel Inhuman or degrading treatment. Request the adoption of measures special urgent for the cessation of the abuse and its research and for the protection of them victims or of them whistleblowers facing them possible reprisals or damages of any type that could affect them.
Article 8 ° - from the faculties and powers. For the fulfilment of its functions, the National Committee for the prevention of torture will have the following powers and duties: to) apply data, information or documentation to those responsible for public or private centres in which persons deprived of liberty, all other national or provincial or municipal public authority, as well as the judiciary and public prosecutor's Office at the national level are the provinces and the autonomous city of Buenos Aires. Same Faculty will have on State and non-State organizations of the national system of prevention of torture and other cruel, inhuman or degrading treatment or punishment on the operation of the same; (b) access to the documentation, files and/or administrative and/or judicial records containing information on persons deprived of liberty or about their conditions of detention or on the operation of places of confinement; (c) interviewing persons deprived of freedom in individually or collectively, confidential and without the presence of witnesses, in the place that considers more appropriate; (d) enter places of detention in which are or could be persons deprived of their liberty with cell phones, computers, tape recorders, cameras and/or filming or any other necessary element for the accomplishment of its tasks; (e) hold meetings with relatives of persons deprived of liberty, judges and officials Court, lawyers, doctors and other health professionals, members of the correctional services or institutions of detention or accommodation, and with persons and public or private organizations deemed necessary for the fulfilment of its mandate by the National Committee for the prevention of torture; (f) decide the appearance of officials and employees of the agencies and entities related to the places of confinement in order to request explanations and information on issues relating to its object of action; (g) perform actions to remove them obstacles that is les present to them others members of the system national of prevention of the torture and others dealings or penalties cruel, inhuman or degrading in the exercise of their functions, in particular, in relation to the access to them places of detention and to it information that request under the present law; (h) develop actions and work together with organizations non-governmental and/or local public institutions in jurisdictions in which there is a local mechanism created or designated for the implementation of the Optional Protocol to the Convention against torture and other cruel, inhuman or degrading; (i) recommend to local mechanisms actions related to the development of its functions for better compliance with the Optional Protocol to the Convention against torture and other cruel, inhuman or degrading; (j) monitor the operation of those systems disciplinary and of promotions of those institutions of the State national, of them provinces and/or of it city autonomous of Buenos Aires that have to its charge it https://www.boletinoficial.gob.ar/pdf/linkQR/dkI4dnRyVC82b2hycmZ0RFhoUThyQT09

management, control, security and custody of places of detention and to promote the application of administrative sanctions for violations to laws, regulations or contractual provisions that check at the National Committee for the prevention of torture in the exercise of their functions; (k) issue opinion on the base of information documented in the processes of designation and rise of judges and officials judicial linked with their skills; (l) design and propose public campaigns of diffusion and enlightenment on the rights of persons in situation of closure; (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 be consulted in the parliamentary discussions related to the situation of persons deprived of their liberty throughout the territory of the Republic of Argentina; n) promote legal, individual and collective actions in order to ensure the fulfilment of its functions and purposes; (n) bring to the attention of the proceedings the judges whose available were persons deprived of freedom, being able, at the same time, express their opinion on any aspect of fact or of law, in the character of "friend of the Court"; or) joint actions with universities, human rights organizations, associations of relatives of persons deprived of their liberty and other civil society organizations that develop actions in defense of the rights of persons deprived of liberty to national, provincial and municipal levels. The coordination of actions can make is through the signature of conventions, elaboration of reports or visits joint; (p) to appoint and remove its personnel, and issuing the regulations that must be met; (q) acquire property of any kind; open and manage accounts Bank, and celebrate any type of contract necessary for the fulfilment of its purposes and functions; (r) delegate in the Secretary Executive, or in another or others of its members, them powers that consider appropriate for an efficient and agile operation; (s) ensure the publicity of their activities; (t) develop and annually raise its draft budget to the Congress of the nation for its incorporation into the general budget bill; (u) perform all other Act that is necessary for the best fulfillment of its purposes and functions.

Chapter III scope of its resolutions.
Communications. Reports article 9 ° - of specific interventions and progress reports and thematic. The National Committee for the prevention of torture may make recommendations, as well as any other action necessary for the performance of their duties. The authorities public or private required by the Committee national for the prevention of the torture must answer their requests in a term not greater to twenty (20) days. The National Committee for the prevention of torture may be status reports or thematic. The reports should be submitted to the competent authorities and the federal authorities in the role of guarantors of the fulfilment of the international obligations assumed by the Republic of Argentina in https://www.boletinoficial.gob.ar/pdf/linkQR/dkI4dnRyVC82b2hycmZ0RFhoUThyQT09 matter. If you consider it necessary, at the time of sending the reports, the National Committee for the prevention of torture may set a deadline different from twenty (20) days for response by the competent authorities. In the time limit set for this purpose, authorities must answer founded on requirements carried out, as well as communicate the action plan and timelines for action for its implementation. In case of no response within the time limit set to the effect or prove insufficient, the National Committee for the prevention of torture may make in knowledge of this situation the Commission Bicameral of the of the Ombudsman, hereinafter Joint Committee, the Committee on human rights and guarantees of the Chamber of Deputies the rights and guarantees of the Senate Committee, national and/or provincial executive powers and the Subcommittee for the prevention of torture and other ill-treatment or cruel, inhuman or degrading treatment or punishment. At the same time, faced with this situation, the National Committee for the prevention of torture may convene employees, officials or competent authorities in order to request explanations or information. The shortage of pronouncement in time and form by a respective authority before a location arranged by the National Committee for the prevention of torture, in terms of this article, or his apparent refusal to cooperate in the examination who was summoned responsible for incurring the figure provided for and suppressed by article 249 of the criminal code. The National Committee for the prevention of torture, if it considers it appropriate, make advertising efforts and/or situation reports. You can also summon tables of dialogue or public hearings.
ARTICLE 10. -Of the annual reports. The National Committee for the prevention of torture shall submit an annual report to the Joint Committee. The report must be presented before 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 fulfilment of State obligations in the matter. Where possible, the National Committee for the prevention of torture will present the information by provinces and competent authority. The National Committee for the prevention of torture will define those indicators that a better record of the information and its annual comparison. At the same time, the report will include an annex with the detail 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 power, Federal councils on human rights, prison, homeland security and childhood and to any other authority which it considers relevant. The National Committee for the prevention of torture will put in knowledge of his report to the Commission on human rights and guarantees of the Chamber of Deputies, to the Committee on rights and guarantees of the Senate, to the Supreme Court of Justice of the, to the Council of the Magistracy of the nation, the General power of Attorney of the nation the Defender-General of the nation, and to any other authority which it considers relevant. Also, send its annual report to the Subcommittee for the prevention of torture and other ill-treatment or cruel, inhuman or degrading treatment or punishment. The report will be public since its referral to the Joint Committee.

Chapter IV https://www.boletinoficial.gob.ar/pdf/linkQR/dkI4dnRyVC82b2hycmZ0RFhoUThyQT09 integration. Authorities.
Article 11 selection mechanism. -Of the integration. The National Committee for the prevention of torture and other ill-treatment or cruel, inhuman or degrading treatment or punishment shall consist of thirteen (13) members: to) six (6) parliamentary representatives. Two (2) representatives of the majority and one (1) by the first minority in each House of the Congress of the nation; b) the prison Prosecutor of the nation and two (2) representatives of the local mechanisms chosen by the Federal Council of local mechanisms for the prevention of torture; (c) three (3) representatives of non-governmental organizations that develop activities for the defence of the rights of persons deprived of liberty and prevention of torture, emerged from the process of selection of article 18 of this law; (d) one (1) representative of the Secretariat of human rights of the Ministry of Justice and human rights of the nation. The Chair of the Committee will be held by one of the representatives of the legislative majority by weather that lasts its mandate. These positions will be incompatible with the performance of other activity remunerated, public or private, except for teaching, academic research and training activities in matters relating to the implementation of the Optional Protocol to the Convention against torture and other cruel, inhuman or degrading treatment or punishment. In the integration of the Committee national for the prevention of the torture is must respect them principles of composition federal, equity of gender, not discrimination, and ensure the multidisciplinarity and the representation of them forces social interested in the promotion and protection of them rights human.
ARTICLE 12. -Of the mandate. ((The duration of the mandate of them members of the Committee national for the prevention of the torture will be the following: to) of four (4) years to them members of them interjections to); ((c) and d) of the article 11 of the present law, and may be re-elected for a single time. The renewal process will be partial and shall ensure the composition of the National Committee for the prevention of torture established in this law. If they have been re-elected may not be elected again but with the interval of a period; (b) two (2) years for representatives of local mechanisms; (c) the prison Prosecutor of the nation, according to the mandate set out in law 25.875.

ARTICLE 13. -Of disabilities. May not integrate the National Committee for the prevention of torture: to) those persons for which there are sufficient evidence of participation in acts which can be subsumed within the category of crimes against humanity; (b) those who have integrated security forces and had been reported, or have a history of having participated, consented to or rendered valid acts of torture or other treatment and cruel, inhuman or degrading punishment.
ARTICLE 14. -Of incompatibilities. He charge of Member of the Committee national for the prevention of the torture is incompatible with the exercise of other activities that could affect or put in risk the compliance of them objectives of the Committee national for the prevention of the torture.

https://www.boletinoficial.gob.ar/pdf/linkQR/dkI4dnRyVC82b2hycmZ0RFhoUThyQT09 article 15. -Of the EESC. Causes. The members of the National Committee for the prevention of torture cease to hold office by any of the following grounds: to) by resignation or death; (b) by the expiration of its mandate; (c) disability impending, accredited convincingly; (d)) have been convicted of using fraudulent offense sentence firm; e) by notorious dereliction of the duties of the position; f) have incurred in a situation of incompatibility provided for in this Act.
ARTICLE 16. -The EESC. Forms. In the cases provided for in subparagraphs a) and (d)) of article 15, the EESC will be arranged by the National Committee for the prevention of torture. In the cases provided for in subparagraphs c), e) and f) article the cessation will be decided by the vote of two thirds of members present of both Chambers, prior discussion and hearing of the interested party. In the event of resignation or death of a member of the National Committee for the prevention of torture should be promoted in the shortest time the appointment of a new Member in the manner provided in this Act and respecting the established composition.
ARTICLE 17. -Of the guarantees and immunities. The members of the National Committee for the prevention of torture shall enjoy the immunities established by the Constitution for members of Congress. They may not be arrested since the day of his appointment until its cessation or suspension. When auto processing or similar resolution by the competent courts against some of the members of the National Committee for the prevention of torture handed down by fraudulent offense, it may be suspended by both chambers until his dismissal or acquittal handed down. The members of the National Committee for the prevention of torture may not be convicted on coasts in court cases involving such. In addition, have the right to maintain the confidentiality of the source of information obtained in the performance of their duties, even after the mandate. During the term of his mandate and in relation to its work, the members of the National Committee for the prevention of torture, shall enjoy immunity against the seizure of their personal baggage, the seizure or control 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 of subparagraph (c)) article 11 shall be elected by the Congress of the nation in the following way: to) La Commission joint of the Ombudsman created by law 24.284, will open a period of receipt of nominations proposed by social organizations of professional or human rights that have experience in the defense of persons deprived of their liberty detailing the criteria established in article 20 of this law. This call for nominations will be published in the Official Gazette, in at least two (2) newspapers of national circulation, and on the website of the Bicameral Committee. (b) expires the deadline for nominations, the Bicameral Commission will make public the full list of candidates, their history and if you have one or more organisations that proposed them or support. The publication will take place in the Official Gazette, in at least two (2) newspapers of national circulation and on the website of the Commission. Citizens in general, organizations not NGOs, schools and professional associations, academic and human rights entities, may https://www.boletinoficial.gob.ar/pdf/linkQR/dkI4dnRyVC82b2hycmZ0RFhoUThyQT09 submit observations, supports and challenges, by writing and so founded and documented within a period of fifteen (15) days working from the last publication; (c) the Commission Bicameral convened to those candidates shortlisted to a hearing public. In addition, convened to those who have submitted observations, supports or challenges, who will be heard prior to the candidate so. d) completed the public hearing, the Senate held an opinion proposing the three (3) candidates for the positions of the National Committee for the prevention of torture. The three (3) candidates must have been postulated by the organizations not Government that participated in the procedure. The opinion will rise to both houses. The Senate will act as the originating House. 2 the seven (7) members of the National Committee for the prevention of torture of subparagraphs to)) and (d) article 11 shall be elected in the following manner: six (6) members representatives shall be elected by the respective blocks of both houses and of the Secretariat of human rights of the Ministry of Justice and human rights of the nation according to its internal provisions. Your application should be forwarded to the Bicameral Commission so their backgrounds to be published and the procedure is open to present comments or challenges to be considered in the planned public hearing. If there are no objections the Bicameral Commission will include these candidates in the opinion to be considered by both houses. The Joint Committee shall regulate this procedure, so that from the call for nominations until the signing of the opinion within not more than one hundred (100) days in a row.
ARTICLE 19. -The Chamber of senators will give the agreement to the list of candidates included in the opinion proposed by the Senate. Once approved the opinion will forward the list of selected to the Chamber of Deputies for approval, at the first session of tables. If the Chamber of Deputies did not give agreement submitted payroll, the procedure will follow the procedure for the enactment of laws. You should the Senate not achieved the majority to insist on the opinion rejected by the Chamber of Deputies, the Bicameral Commission must develop a new listing in the period of sixty (60) days. The vote of the members of the National Committee for the prevention of torture must be approved by a simple majority of the present members of both chambers.
ARTICLE 20. -Of the selection criteria. Criteria for the selection of the members of the National Committee for the prevention of torture will be: to) ethical integrity, commitment to democratic values and the proven track record in the promotion and defence of human rights, with special emphasis on the protection of the rights of persons deprived of liberty and the prevention of torture. (b) ability to maintain independence of criteria for the performance of the function in the terms requiring compliance with the Optional Protocol to the Convention against torture and other cruel, inhuman or degrading treatment or punishment and the present law.

Chapter V of the Federal Council of local mechanisms for the prevention of torture article 21 0 https://www.boletinoficial.gob.ar/pdf/linkQR/dkI4dnRyVC82b2hycmZ0RFhoUThyQT09. -For the creation and integration. Create 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 law and the national prison administration. Each province and the autonomous city of Buenos Aires will have a single representation, without prejudice that would have created more than one provincial mechanism or that one regional integrated. In the latter case, it will have as many votes as provinces comprise it.

ARTICLE 22. -Of the functions. (Are functions of the Council Federal of mechanisms local for the prevention of the torture: to) meet is in sessions ordinary and extraordinary in accordance with it ready in the article 23 and dictate its own regulation; ((b) raise, the National Committee for the prevention of torture, proposals and studies aimed at improving its work plan, according to article 7, paragraph j). To such effects, may propose to the Committee national for the prevention of the torture lines of work and measures of inspection, starting from the diagnosis national to which is comes in them meetings plenary of the Council; ((c) propose criteria and modifications to them standards of action elaborated by the Committee national for the prevention of the torture, in accordance with the article 7 °, subsection f); d) collaborate in the dissemination of information and recommendations generated by the National Committee for the prevention of torture; (e) decide on the compliance of them requirements provided in the present law for them mechanisms local created or designated by the provinces and the city autonomous of Buenos Aires; (f) evaluate the performance of local mechanisms and propose actions to the National Committee for the prevention of torture to continue to supplement the shortcomings detected; (g) intimacy to the provinces or the autonomous city of Buenos Aires that they designate or establish the corresponding local mechanisms; (h) appoint, on a proposal from the National Committee for the prevention of torture, the governmental or non-governmental organizations that will feature local mechanism of prevention of torture before the expiration of the deadline for the designation or provincial establishment, without prejudice to the other subsidiary functions that the National Committee to develop. Designated or created the local mechanism shall cease in its functions the provisional mechanism appointed by the Federal Council; (i) invite the meeting organizations non-governmental and public institutions it deems relevant.
ARTICLE 23. -Of those sessions. The Federal Council of local mechanisms for the prevention of torture meets (2) twice a year in ordinary sessions. For reasons of urgency or extreme necessity, may be called to extraordinary session by the National Committee for the prevention of torture, or at the request of, at least, the forty percent (40%) of local mechanisms designated or created.
ARTICLE 24. -Operation and decision-making system. The Federal Council of local mechanisms for the prevention of torture will begin to work with the Chairman of the National Committee for the prevention of torture, the prison law enforcement of the national and local mechanisms created representing at least four (4) provinces. It shall take its decisions by a simple majority of the representatives present.
https://www.boletinoficial.gob.ar/pdf/linkQR/dkI4dnRyVC82b2hycmZ0RFhoUThyQT09 1 all meetings of the Federal Council of local mechanisms for the prevention of torture shall be public except that, for well-founded reasons, decides that they will be totally or partially reserved.
ARTICLE 25. -From the support administrative. The Organization and implementation of its activities and functions will be performed through the Executive Secretariat of the National Committee for the prevention of torture, which must 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 a (1) Executive Secretary which will give technical and functional support.
ARTICLE 27. -President. Specific functions of the President will be: to) exercise the legal representation of the National Committee for the prevention of torture; b) propose rules to the National Committee for the prevention of torture for approval; (c) convene to the Committee national for the prevention of the torture to meetings plenary, and preside over them; (d) preside over meetings of the Federal Council of local mechanisms for the prevention of torture.
ARTICLE 28. -Of the Secretariat Executive. The Executive Secretariat will have the structure and the resources required to ensure adequate compliance with the functions designated in this Act for the National Committee for the prevention of torture and the Federal Council of local mechanisms. The head of the Executive Secretariat shall be appointed by the National Committee for the prevention of torture through a public contest of background and a participation mechanism broad which respects the rules of publicity, transparency and legitimacy arising from the procedure provided in this Act for the appointment of members of the National Committee for the prevention of torture. For the selection of the / the Executive Secretary to be governed articles 13 and 20 of this Act. The / the Secretary Executive will have exclusive dedication, will last in office four (4) years and one (1) period will be January. The exercise of the office will be incompatible with the realization of other activity remunerated, public or private, except for teaching, academic research and training activities in matters relating to the implementation of the Optional Protocol to the Convention against torture and other cruel inhuman or degrading. Be governed also the incompatibility provided in the article 14 of the present law.
ARTICLE 29. -Of them functions. (Are functions of the Secretary / to Executive / a: to) run all the provisions of the Committee national for the prevention of the torture for the compliance of the present law; (b) comply with the responsibilities, powers and faculties that you are delegated by the Committee national for the prevention of the torture; (c) organize the registration and administration of all them inputs necessary for the proper https://www.boletinoficial.gob.ar/pdf/linkQR/dkI4dnRyVC82b2hycmZ0RFhoUThyQT09 2 operation of the Committee national for the prevention of the torture; (d) subject to consideration of the Committee national for the prevention of the torture the structure technical-administrative of the Secretariat Executive that you will give support.
ARTICLE 30. -Of the budget. The General budget law must contemplate the items necessary 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 that this law. For the first year, credits determined by the budget law may not be less than three percent (3%) of those assigned to the National Congress.
ARTICLE 31. -Heritage. The heritage of the National Committee for the prevention of torture will be integrated with: to) all kinds of real and personal property of the State which are affected to their missions and functions by administrative decision; (b) all kinds of contributions, contributions in money, grants, legacies, inheritances, donations, movable or immovable property, programs, activities or transfers received under any title, international human rights bodies; (c) any other income compatible with the nature and purposes of the organism, which can be assigned under the laws and applicable regulations.

Title III of local mechanisms for the prevention of torture and other cruel, inhuman or degrading treatment or punishment article 32. -For the creation or designation. The provinces and the autonomous city of Buenos Aires will create or designate institutions which shall carry out the functions of local mechanisms for the prevention of torture and other inhuman or degrading cruel, inhuman, or degrading, respecting the principles and criteria established in this law. The prison national procurement, 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 the present law in all places of detention under national and federal authority.
ARTICLE 33. -The scope of performance. Without prejudice to the provisions issued by the provinces and the autonomous city of Buenos Aires, according to the provisions of the preceding article, local mechanisms can fulfil tasks of visit and monitoring in places of detention under national authority that are located in its territorial scope and the prison administration of the nation you can do it in under local authority detention centres , in both cases under the coordination of the National Committee for the prevention of torture, in the role of governing body.
ARTICLE 34. -Of the minimum requirements. For the creation or designation of local mechanisms https://www.boletinoficial.gob.ar/pdf/linkQR/dkI4dnRyVC82b2hycmZ0RFhoUThyQT09 3

(for the prevention of torture, the federal system, the provinces and the autonomous city of Buenos Aires shall ensure compliance with the following minimum requirements of design and function: to) creation or legal designation; (b) functional independence and financial self-sufficiency; (c) advertising and participation effective of the society civil in the process of creation or designation of the / those mechanisms local; (d) institutional design that ensures the participation of organizations of civil society in the functioning of the / local mechanisms and respect for the principles of gender equality, non discrimination and multidisciplinarity in its composition; (e) coordination with organizations and institutions carrying 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 of the present law; (g) accountability mechanisms.
ARTICLE 35. -Of the functions. Local mechanisms shall have at least the following functions: to) carry out, with or without prior notice, visits of inspection to any location or sector of activity of bodies and entities subject to its competence in accordance with article 4 of this Act, and may attend with experts, advisors or who considers the case, be enabled to register the inspection or visit by the media and the technological support that it deems appropriate; b) collect and systematize information on the situation of persons deprived of liberty in the territory of the province, whether they are subject to the jurisdiction of federal, national, provincial or municipal; (c) promote the application of them standards and criteria of action elaborated by the Committee national for the prevention of the torture in the territory of its competition; (d) design and recommend actions and policies for the prevention of torture and other ill-treatment or 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: to) access to information or documentation concerning public or private centres who are persons deprived of liberty, as well as to files and/or administrative and/or judicial records containing information on persons deprived of liberty, about their conditions of detention or on the operation of places of confinement; (b) interview persons deprived of freedom in individually or collectively, confidential and without the presence of witnesses, in the place that considers more appropriate; (c) request to them authorities national or provincial and to all authority competent, as well as to them judges and officials judicial that appropriate, the adoption of measures urgent for the protection of people private of freedom when under their statements, could be victims of assaults, punishments, reprisals, or damages of any type, or when to criterion of the / them mechanisms local There are elements that indicate an impending event of a harmful nature that could affect them for any reason; (d) promote actions judicial, including measures precautionary, to ensure the compliance of their functions and purposes, and can present is as complainant or particular damaged, https://www.boletinoficial.gob.ar/pdf/linkQR/dkI4dnRyVC82b2hycmZ0RFhoUThyQT09 4 according to the jurisdiction of that is concerned; (e) establish links of cooperation and coordination with them entities State and organizations of the society civil that made visits or monitor the situation of places of detention in the territory of their competition. The coordination of actions can make is through the signature of conventions, elaboration of reports or visits joint.

Title IV of the relations of collaboration and articulation of the system national for the prevention of the torture and others dealings or penalties cruel, inhuman or degrading article 37. -Of coordination. The National Committee for the prevention of torture, the Federal Council and the local mechanisms under the present Act shall exchange information and develop joint actions for the execution of their duties.
ARTICLE 38. -Of the collaboration. In the performance of its functions, the National Committee for the prevention of torture will request the cooperation of the prison law enforcement of the nation, 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 of prevention of torture and other inhuman or cruel Inhuman or degrading treatment for the best use of existing resources. The coordination of actions will be implemented through the signing of agreements, preparation of reports or joint visits.
ARTICLE 39. -Of the conventions. The National Committee for the prevention of torture and the local mechanisms may make agreements with government departments and judicial authorities, national, federal and provincial purposes develop information systems and to 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 and the present law. For the fulfilment of these tasks, the National Committee for the prevention of torture may be integrated with officials appointed on secondment, in accordance with the laws applicable to each particular case.
ARTICLE 40. -For the annual meeting. The National Committee for the prevention of torture, together with the Federal Council, organized at least one annual meeting of discussion on the situation of persons deprived of liberty in the country and an assessment of the functioning of the national system of prevention of torture and other cruel, inhuman or degrading treatment or punishment. To this effect, they convene the representatives of all the local mechanisms. The National Committee for the prevention of torture may invite representatives from government departments and national, provincial, and federal judiciaries as well as to any other public entity, and to other organizations of civil society, in compliance with the Optional Protocol to the Convention against torture and other cruel, inhuman or degrading to participate the meeting. The conclusions of the meeting will be included in the annual report for the period.
https://www.boletinoficial.gob.ar/pdf/linkQR/dkI4dnRyVC82b2hycmZ0RFhoUThyQT09 5 title V performance standards of the national system of prevention of torture and other cruel, inhuman or degrading treatment or punishment. General provisions article 41. -Of the visits. All organizations NGOs interested in the situation of persons deprived of their liberty will be the Faculty carry out visits to places of detention in article 4 of this law, according to minimum regulation that the National Committee for the prevention of torture. Regulation may not restrict the level of access you have organizations who visit time to sanction this law. The regulation will provide for the possibility of recording the visit by audiovisual media; the discretion to choose the places of inspection and persons to interview; as well as conducting private interviews.
ARTICLE 42. -Access to the information. Without prejudice to articles 7 ° c), 8 ° a) and b), and 35) and 36 b) of this Act, in relation to the National Committee for the prevention of torture and local mechanisms, all belonging to the national public administration body, provincial and/or municipal, both centralized and decentralized, whatever their legal nature , the judiciary and the public prosecutor in nationally, the provinces and the autonomous city of Buenos Aires, as well as physical or legal, public or private persons linked with the places of confinement, are required to provide to the remaining members of the national system of prevention of torture and other cruel, inhuman or degrading treatment or punishment , access to all information relating to the situation of persons deprived of liberty in the context of the objectives of the Optional Protocol to the Convention against torture and other cruel, inhuman or degrading treatment or punishment and of the present law.
ARTICLE 43. -Access to processes of selection and promotion. (Without prejudice to the provisions of article 8 ° k) and l) of the Act, in relation to the National Committee for the prevention of torture, will have access to all the information related to the processes of selection, training, training, promotion and promotion of people who develop functions related to persons deprived of their liberty throughout the territory of the Republic of Argentina.
ARTICLE 44. -Access to the victims. The competent authorities shall ensure to victims of acts of torture or ill-treatment and/or their relatives access to judicial or administrative records that an investigation into the reported situation.
ARTICLE 45. -Consent. Will always require the consent of the person concerned to publish their data and personal information in reports, media or other ways to make public information that the prevention system; This guideline applies to

https://www.boletinoficial.gob.ar/pdf/linkQR/dkI4dnRyVC82b2hycmZ0RFhoUThyQT09 6 all information confidential to which access the members of the system of prevention. Agents of prevention system shall adopt measures and methodologies to act in accordance with the informed consent of the persons deprived of liberty on whose behalf they intend to engage in actions individual or collective; and in such sense, shall endeavour to it development joint of strategies with the damaged, its environment family or community, in the measure that it appropriate and is possible. When appropriate the Court complaint, without prejudice to act as far as possible in accordance with the preceding paragraph, the actions of protection, articulating the measures of protection for their rights, including will encourage, curator will be immediate intervention to the Agency, trustee or unable to State protection, Defense official or legal assistance, as appropriate. The best interests of the child under the provisions of the Convention on the rights of the child and the Law 26,061 of integral protection of the rights of girls, children and adolescents should take precedence in cases where the question of underage victims.
ARTICLE 46. -Of judicial intervention. Of verified cases of torture, ill-treatment or cruel, inhuman or degrading treatment or punishment even in the case of not having the consent of the victim, all legal actions that may be necessary to safeguard their integrity must be encouraged.
ARTICLE 47. -The duty of confidentiality. All information received by the Committee national for the prevention of the torture and the Council Federal, from of people private of freedom, family, officials or any other person u body, referred to the situation or denounces concrete of a person detained will be reserved except authorization of them affected. In addition, members and officials of the National Committee for the prevention of torture and the local mechanisms must book the source of the data and information to obtain and on which it based its actions or recommendations. They must also preserve the identity of the victims of torture, constraints, or cruel, inhuman or degrading treatment or punishment, when the revelation may put the victim at risk. The members and officials of the National Committee for the prevention of torture and the local mechanisms are achieved by the provisions concerning professional secrecy which corresponds to the practice of law. This duty of confidentiality applies to professionals and interpreters accompanying the visit.
ARTICLE 48. -Of the faculties. The activities that develop the National Committee for the prevention of torture and local mechanisms, in accordance with the powers of this Act, may not be used as a justification to restrict the powers of the concerned organizations of civil society in the monitoring of the situation of persons deprived of their liberty.
ARTICLE 49. -Of those conflicts. 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 are obstacles to the realization of its missions and functions may use local mechanisms or the National Committee for the prevention of torture to resolve conflicts that may arise in relation to the scope of this law.
ARTICLE 50. -The prison capacity. For the better fulfilment of its obligations under the Optional Protocol to the Convention against torture and other cruel, inhuman or degrading, the competent authorities should regulate a mechanism determining the accommodation capacity of places of detention in accordance with the constitutional standards and https://www.boletinoficial.gob.ar/pdf/linkQR/dkI4dnRyVC82b2hycmZ0RFhoUThyQT09 7 international commodity , and the specific tools to proceed in cases of accommodation for people above the legal quota set for each establishment.
ARTICLE 51. -Of the obligation of cooperation. All the organizations belonging to the Administration public national, provincial and municipal; the members of the judicial authorities and Government departments at national, provincial and of the city of Buenos Aires, as well as physical or legal, public or private persons whose activity is linked to the situation of persons deprived of their liberty, are obliged to collaborate with character preferential to the National Committee for the prevention of torture and local mechanisms for the accomplishment of their tasks pursuant to the Optional Protocol of the Convention against the torture and other ill-treatment or punishment cruel, inhuman or degrading.
ARTICLE 52. -Of the obstruction. All that that prevents the income unrestricted of the Committee national for the prevention of the torture or the mechanisms local to them places of closure; the privacy conditions contact with persons deprived of their liberty; the registration of visits; or the realization of a complaint, will be liable to the sanctions provided for in the articles 239 and 248 of the criminal code. Without limiting the foregoing, anyone who interferes with the activities of the National Committee for the prevention of torture and/or local mechanisms shall be guilty of serious administrative misconduct. Persistence in a blundering attitude of the work of the National Committee for the prevention of torture and/or local mechanisms, by any body or authority, can be subject of a special report to both chambers of the Congress of the nation, in addition to Excel 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 the local mechanisms may require the intervention of Justice to obtain remission of the documentation that has been denied by any public or private institution.
ARTICLE 53. -Of the prohibition of sanctions. No authority will order, apply, allow or tolerate any sanction against a person, official or organization for having communicated to the members of the national system of prevention of torture and other cruel, inhuman or degrading information concerning the situation of persons deprived of their liberty, is true or false. None of these people can suffer damages of any kind for this reason. May be not provided that people 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 must do so through their hierarchical responsible.
ARTICLE 54. -For the protection of witnesses. The national executive power, in coordination with provincial authorities, shall establish a program to provide protection to persons deprived of liberty who are exposed to intimidation or retaliation as a result of complaints or information that had been provided to the members of the national system of prevention of torture and other inhuman or cruel Inhuman or degrading treatment or any other State Agency.
ARTICLE 55. -Of the regulations. For the better fulfilment of its obligations under the Optional Protocol to the Convention against torture and other cruel, inhuman or degrading, the competent authorities shall amend administrative regulations that are contrary to the rules laid down in this law.
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ARTICLE 56. -Of the standard minimum rules. For the purposes of the fulfilment of the missions of the national system of prevention of torture and other cruel, inhuman or degrading, be considered the basic principles and guidelines on the right of victims of gross violations of international norms of human rights and serious violations of international humanitarian law to a remedy and reparation , the statement about them principles fundamental of Justice for the victims of crimes and of the abuse of power; the basic principles for the treatment of prisoners; the set of principles for the protection of all the people subjected to any form of detention or prison; the rules minimum for the treatment of the prisoners; Principles basic on the employment of the force and of arms of fire by the officials responsible; the principles relating to the research and documentation effective of the torture and other dealings or penalties cruel, inhuman or degrading (2000); the standard minimum rules of the United Nations for the administration of juvenile justice (the Beijing Rules); the guidelines of the Nations United for the prevention of the crime youth (guidelines of Riad); the Declaration on social principles and related legal protection and the welfare of children, with Particular reference to the adoption and foster placement of guard, at levels national and international (1986); the United Nations standard minimum rules on measures not freedom Privativas (Tokyo Rules); the United Nations rules for the protection of juveniles deprived of their liberty (1990); Principles of the United Nations in favour of the elderly (UNGA - Res. 46/91); them principles of them Nations United for the protection of them sick mental and the improvement of the care of the Health Mental, the statement of them rights of the delayed Mental (1971); the Declaration of the rights of disabled persons (1975); the ten basic principles of standards to the attention of the Mental Health (who); the Declaration on the rights of persons belonging to national minorities or ethnic, religious and linguistic (1992); the principles of medical ethics applicable to the function of the health personnel, particularly physicians, in the protection of people prisoners and detainees against torture and other inhuman or degrading cruel, inhuman or degrading; and the code of conduct for law enforcement officials to enforce the law (1979) and the United Nations guidelines on the role of prosecutors.
Transitional provisions article 57. -The National Committee for the prevention of torture will begin to operate with the integration of seven (7) members.
ARTICLE 58. -Communicate is to the power Executive national.

GIVEN IN THE HALL OF SESSIONS OF THE CONGRESS ARGENTINE, IN BUENOS AIRES, THE DAY 28 OF NOVEMBER OF THE YEAR TWO THOUSAND TWELVE.

-REGISTERED UNDER NO. 26.827 - AMADO BOUDOU. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -John H. Estrada.
https://www.boletinoficial.gob.ar/pdf/linkQR/dkI4dnRyVC82b2hycmZ0RFhoUThyQT09 9 date of publication: 11/01/2013 https://www.boletinoficial.gob.ar/pdf/linkQR/dkI4dnRyVC82b2hycmZ0RFhoUThyQT09 0