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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