47 b) there is progress regarding domestic legislation derived from the facts of the case: both the federal government and several of the provincial governments promoted and attained progress regarding legislation and its application. Said progress includes: the Appellate Court ratified the effectiveness of Law No. 10,903 and, therefore, annulled Memorandum 40, stating that “it finds itself under the obligation to reiterate that in all cases in which a minor is taken to a police station as a consequence of a misdemeanor or of the authority granted by the Organizational Law of the Federal Police, the [c]orrectional [j]udge on duty must be immediately notified for effective compliance with Law 10,903”. The Criminal Procedural Code of the Nation was amended, replacing the written and mediate proceeding by an oral and immediate proceeding. Police edicts were annulled “in the territory in which the facts took place.” The National Constitution was amended, providing constitutional status to the human rights treaties, including the American Convention on Human Rights and the Convention on the Rights of the Child. A bill was submitted regarding the subject matter at a federal level, “which has been supported by the UNICEF office in Argentina,” and seven other bills are being processed to regulate the legal system applicable to persons under the age of 18 who break the criminal law. Law No. 23,950 was approved, pursuant to which no person can be detained without an order by a competent judge, and the time to establish his or her identity will in no case surpass ten hours; and rules have been and continue to be amended, since 1991, in the various provinces of Argentina, “as a process of adaptation of rules to social reality.” Considerations of the Court 109. The Court will now analyze other forms of reparation in light of the acknowledgment of international responsibility by the State regarding Articles 1, 2, 4, 5, 7, 19, 8 and 25 of the American Convention, under the following headings: A) Investigation and Punishment of Those Responsible, B) Guarantees of non-recidivism of the injurious acts, and C) Adjustment of domestic provisions with respect to those of the American Convention. A) INVESTIGATION AND PUNISHMENT OF THOSE RESPONSIBLE 110. This Court has stated several times that: [t]he State party to the American Convention has the duty to investigate human rights violations and to punish those responsible and the accessories after the fact. And all persons who considers themselves to be victims of said violations, as well as their next of kin, have the right to resort to justice to ensure that this duty of the State is fulfilled, for their benefit and that of society as a whole.68 111. Active protection of the right to life and of the other rights enshrined in the American Convention is set within the framework of the duty of the State to ensure 68 Cf., Juan Humberto Sánchez Case, supra note 4, para. 184; El Caracazo Case, Reparations, supra note 5, para. 115; Las Palmeras Case, Reparations, supra note 5, para. 66; Trujillo Oroza Case, Reparations, supra note 30, para. 99; Bámaca Velásquez Case, Reparations, supra note 30, paras. 76 and 77; and Cantoral Benavides Case, Reparations, supra note 30, paras. 69 and 70.

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