9
accordingly, the State is to report to the Court on such measures as it may adopt to comply
with this obligation.
*
*
*
29.
That, as regards the obligation to guarantee that facts such as the facts of the
instant case will not recur in the future by adopting such legislative and any other measures
as may be necessary to adjust the domestic legal system to international human rights
provisions, and to make them fully effective, the State reported on the implementation of
the following measures: 1) enactment of the Law on Comprehensive Protection of Children
and Teenagers, on September 28, 2005; 2) ratification of the Optional Protocol to the
Convention against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment; 3) issue of Resolution 2208, of August 12, 2008, whereby the Minister of
Justice, Security and Human Rights instructed “Gendarmería Nacional Argentina [Border
Police Department], the Argentine Federal Police Department, Prefectura Naval Argentina
[the Argentine Coast Guard Department] and Policía de Seguridad Aeroportuaria [the
Airport Police Department] to bring their actions in cases involving the restriction of the
physical liberty of minors under the age of 18 in line with the international human rights
standards;” 4) issue of Resolution 578/2008, of March 25, 2008, whereby the Minister of
Justice, Security and Human Rights created the Committee on the Legislative Reform and
Updating of the Juvenile Criminal Justice System, to be chaired by the Minister of Justice,
Security and Human Rights, which Committee “shall have a coordinator and be made up of
national criminal law professors appointed by contest and renowned judges who will perform
their duties free of charge,” and who “shall submit a bill on the legislative reform and
updating of the juvenile criminal justice system;” 5) issue of Resolution 2209, of August 12,
2008, whereby the “Minister of Justice, Security and Human Rights instructed the Human
Rights Secretary to create [a] consultation mechanism on the legislative adjustment ordered
by the Inter-American Court in the Judgment rendered in the instant case; 6)
implementation of “a number of bills […] aimed at modifying the juvenile criminal justice
laws, [including] sentence execution,” and 7) the “creation of training programs on the
subject of the rights of children and teenagers for the police and law enforcement forces.”
The State also informed on the “process of and results obtained from the legislative survey
implemented by the Ministry of Justice, Security and Human Rights regarding the police
authority to make warrantless detentions in cases other than cases of flagrante delicto.” The
State further explained that said process consisted in “surveying the entire set of legislation
governing the aforementioned […] cases […] through Servicio Argentino de Informática
Jurídica [Argentine Computerized Legal Service], an institution reporting to the Ministry of
Justice. Such work produced a database of local legislation [which] includes the Codes of
Criminal Procedure in force in each jurisdiction, the charter laws of the local police
departments, the Codes of Misdemeanors and Violations in force, Provincial Laws on the
Comprehensive Protection of Childhood and other documents.” An analysis of such
documents “allowed the identification of those local rules which, in principle, do not appear
to be in line with the international standards for police action.” Based on such information,
the Minister of Justice, Security and Human Rights sent “a letter to the head of each local
jurisdiction explaining the results of the survey, identifying those pieces of legislation that,
in principle, need to be adjusted to the international standards enshrined in the
international laws and case law, and asking for a commitment to such changes.” New letters
have been sent to that effect and, additionally, the Minister of Justice, Security and Human
Rights has asked the Interior Security Council and the Federal Human Rights Council to
participate in this endeavor.