iv) The Provincial Deputy Secretariat of Human Rights took statements from
inmates of the pavilion where the acts allegedly occurred, and these were
incorporated into the administrative and judicial investigations;
v)
Following the filing of the complaints by the Human Rights Directorate of the
Ministry of Governance of the province of Mendoza, the office of the Prosecutor
for Complex Crimes of the province of Mendoza initiated the corresponding
investigations. Currently, there are: (i) three individuals accused of the crime of
torture; (ii) one individual charged with the offense of harsh and humiliating
treatment; (iii) one individual charged with the crime of torture compounded by
the offense of harsh and humiliating treatment, and (iv) two individuals charged
with the offense of omissions in the performance of their functions, which
allowed the torture to occur. These seven individuals are currently detained,
based on the justified fear that, owing to their condition of prison agents, they
could obstruct the investigation.”
vi) In its last report, the State specified that the agent accused of the offense of
harsh and humiliating treatment had been released and that the other six
agents were located in Prison Unit No. 6 of the Boulogne Sur Mer Complex. In
addition, the Prosecutor had requested pre-trial detention for these six agents
who had been charged, but no decision had been taken in this regard. Even
though the case has not been brought to trial, “the probative aspect is quite
complex” and there has been “permanent procedural activity by the defense
counsel of each of the accused,” and
vii) The province of Mendoza – represented by the Minister of Governance, Justice
and Human Rights, the Deputy Secretary for Human Rights, the Director of
Human Rights and the Director General of the Prison Service, together with the
Argentine State, through the national Human Rights Secretariat, are the
complainants in the case.
22.
The State has referred to other measures undertaken based on the facts
reported by the Commission and the representatives of the beneficiaries of the
measures that were lifted. In particular, it mentioned the following:
i)
In order to increase its presence in the prisons, to inspect the cells without prior
notice, and to guarantee the right of the inmates to report this type of illtreatment, the Provincial Human Rights Directorate has created delegations in
each of the prisons with the daily presence of lawyers attached to the
Directorate to tour the facilities, and to receive statements and complaints of
different types, and
ii)
In order to identify whether there have been other acts of a similar nature that
have not been reported, as well as to advance the investigation of the facts
denounced, the individualization of those responsible, and the application of the
corresponding legal sanction, the Deputy Secretariat of Justice and Human
Rights has instructed its advisors to receive testimony from the inmates lodged
in the pavilion where the incidents allegedly occurred. These recorded
statements are useful for advancing the administrative investigations and were
also provided to the legal proceedings.
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