In the context of the UPR, Amnesty International makes the following recommendations to Argentina
Follow up to the previous review:
• To ensure that all allegations of torture and other ill-treatment are thoroughly and impartially investigated, and that alleged perpetrators are brought to justice;
• To ensure that the draft law that establishes the National Preventive Mechanism, as required under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, is discussed in the Senate and consulted with civil society without any further delay in order to be approved by the end of 2012 at the latest.
Violence against women:
• To ensure that legislation to prevent and punish violence against women is effectively implemented, and to collect and disaggregate data on violence against women to allow better evaluation of the implementation of the legislation.
Collection of data:
• To ensure that reliable data is widely collected to allow monitoring of the state’s compliance with its human rights obligations and that both the methodology used by the National Institute for Statistics and Censuses and the data it collects are available and accessible to the public.
• To ensure that Emergency Act No 26.160 is fully implemented and respected in order to prevent the eviction or removal of Indigenous Peoples from their traditional lands;
• To conduct the nationwide land survey to review and register land ownership with the full participation of affected Indigenous communities;
• To respect the right of Indigenous Peoples to consultation and free, prior and informed consent before proceeding with legal and administrative measures that may affect their rights;
• To carry out prompt, independent and impartial investigations into threats against and killings of Indigenous leaders, and to ensure that those responsible are brought to justice.
Sexual and reproductive rights:
• To ensure that women and girls are not subject to criminal sanctions for seeking or obtaining an abortion under any circumstances;
• To adopt the necessary measures and protocols, including the allocation of resources, to ensure access to non-punishable abortion uniformly throughout the country;
• To ensure that health authorities have in place an effective and accessible referral system in cases in which health professionals, due to their beliefs, wish to avoid providing abortion services for rape survivors and women and girls whose pregnancies put their lives or health at risk.
Prison conditions and torture or ill-treatment in detention:
• To ensure that all allegations of torture or other ill-treatment are effectively and promptly investigated by an independent and impartial body, and that those responsible for torture or other ill-treatment are brought to justice in fair trials;
• To ensure that confessions extracted under torture are not used as evidence in courts;
• To ensure reparation, including fair and adequate compensation, for victims of torture and other ill-treatment inflicted by state agents;
• To improve conditions in all prisons and detention facilities in compliance with international standards, including the UN Standard Minimum Rules for the Treatment of Prisoners;
• To ensure that sufficient and adequate resources are allocated to prisons and detention facilities and to promptly and effectively address the issue of prison overcrowding;
• To take measures to reduce the length of pre-trial detention by ensuring that detainees are brought to justice without undue delay, in line with the International Covenant of Civil and Political Rights.
Impunity for crimes of the past:
• To continue efforts to bring to justice those responsible for human rights violations committed during the military regimes without unnecessary delays;
• To protect the safety and security of witnesses and defendants in such trials by ensuring that effective protection policies are fully implemented by the authorities.