Argentina - OPCAT Situation

Opcat status

OPCAT Ratification November 15, 2004
UNCAT Ratification September 24, 1986
SPT Member Ms María Dolores Gómez (2017-2020)
NPM Designated

National System to Prevent Torture, comprising:

  • National Committee for the Prevention of Torture (composed of 13 members, including the Ombudsperson for Federal Prisons (Procurador Penitenciario de la Nación);
  • a Federal Council of Local Preventive Mechanisms;
  • Local preventive mechanisms (to be designated) in each of the 24 provinces;
  • and public institutions and NGOs interested in the compliance of the OPCAT’s goals.
NPM Type

National Preventive System in Federal State

NPM Legal Framework

National System to Prevent Torture legislation (Law n° 26.827, published on 11 January 2013) - Spanish version

National System to Prevent Torture regulating Decree 465/2014 (9 April 2014) - Spanish version

 

LPM Designated

Chaco: Provincial Committee for the Prevention of Torture and Ill-treatment

Mendoza: Provincial Commission for the Prevention of Torture and Ill-treatment

Misiones: Provincial Commission for the Prevention of Torture

Rio Negro: Committee of Evaluation of Follow-up and Implementation of the CAT

Salta: Provincial Commission for the Prevention of Torture and Ill-Treatment

Tucuman: Commission for the Prevention of Torture and Ill-treatment

LPM Type

All designated LPMs are New Specialised Institutions

LPM Legal framework

Chaco: Law 6483 (1 February 2010)

Mendoza: Law 8279 (16 May 2011) 

Misiones: Law IV - N°65 (28 August 2014)

Rio Negro: Law 4621 (10 January 2011, modified by Law n° 4964 of 5 June 2014)

Salta: Law 7733 (14 September 2012) 

Tucuman: Law 8523 (12 September 2012)

Argentina was the first State in Latin America to ratify the OPCAT in 2004. The national legislation establishing a national system of prevention was approved in November 2012 and came into force in January 2013. The Decree regulating the NPM law was issued in April 2014 and the selection process of the members of the National Committee to Prevent Torture is still pending.

OPCAT implementation has already started at the provincial level: seven provinces have adopted laws to create local preventive mechanisms. These are: Chaco, Corrientes, Mendoza, Misiones, Río Negro, Salta and Tucumán. Five of them are operational: Chaco, Corrientes, Mendoza, Río Negro and Salta.

Other provinces are in the process of debating such laws: Chubut, Santa Cruz, Santa Fe, Santiago del Estero, Formosa, Neuquén, Córdoba, La Pampa, Jujuy, San Luis, Tierra del Fuego, Buenos Aires, Entre Ríos, Catamarca, La Rioja and the Autonomous City of Buenos Aires.

In July 2014, a new Unit on the implementation process of the OPCAT was established within the Secretariat of Human Rights, with the objective to:
- Promote the establishment of the National System
- Strengthen existing Local Preventive Mechanisms established at the provincial level
- Provide technical assistance and support to the provinces where a process towards the creation of a Local Preventive Mechanism is ongoing

The SPT visited Argentina in April 2012. Both the SPT visit report and the State's reply have been made public. 

The SPT member Emilio Ginés Santidrian is the SPT Focal Point for Argentina.