Argentina - OPCAT Situation
National Preventive System in Federal State
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.
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
City of Buenos Aires:Law n° 5787 (13 February 2017)
Misiones: Law IV - N°65 (28 August 2014)
All designated LPMs are New Specialised Institutions
Chaco: Provincial Committee for the Prevention of Torture and Ill-treatment
City of Buenos Aires: Committee for the Prevention of Torture
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
The National System to Prevent Torture comprises various institutions at the federal and provincial levels:
- National Committee for the Prevention of Torture, acting in subsidiarity in all jurisdictions, and in charge of coordinating, articulating and harmonizing standards of the monitoring bodies forming the National System. It is attached to the National Congress and composed of 13 members.
- Federal Council of Local Preventive Mechanisms, comprised of one representative of each of the 24 local preventive mechanisms (LPMs) established in the provinces, in charge of evaluating LPMs and make proposals and studies to improve the functioning of the National Committee. The Federal Council will meet twice a year.
- Local Preventive Mechanisms (to be created or designated) in each of the 23 provinces and in the Autonomous City of Buenos Aires (CABA).
- Other institutions relevant for the purpose of the OPCAT.
According to the NPM's law, the National Committee for Torture Prevention will publish an annual report which will be sent to the Bicameral Commission, as well as to the Executive Branch, Federal Councils of Human Rights and other relevant authorities. The report will also be sent to the SPT.
Thematic reports will also be elaborated by the National Committee at any time and sent to the relevant authorities, who will have the duty to reply to the institution within 20 days.