whipping, are forever abolished. The prisons of the Nation shall be healthy and clean, for the security and not for the punishment of the prisoners confined therein; and any measure taken with the pretext of precaution which may lead to mortify them beyond the demands of security, shall render liable the judge who authorizes it.78 54. At the time of the detention of Mr. Fernández Prieto in 1992, the Code of Criminal Procedure (hereinafter also “the Procedural Code”) established the following: Article 2. No one may be subjected to pre-trial detention without a written order from a competent judge, issued against a specific person, and when there is prima facie evidence against them of an offense or strong indications of guilt. Article 3. In situations of flagrante delicto, any member of the population may arrest the offender, with the sole purpose of bringing him immediately before the competent judge or the nearest agent of the public authorities, swearing that he has seen him perpetrate the offense. Article 4. The Chief of Police of the Capital and his officers have the duty to arrest anyone found in flagrante delicto, and anyone against whom there are strong indications or prima facie evidence of guilt, and must bring them immediately before the competent judge. […] Article 6. When the individual presumed to be guilty has been brought before the competent judge, the latter shall proceed during the first working hours of his office to question him and to conduct the necessary procedures to order his pre-trial detention or his release. […] Article 184. In the case of public offenses, police officers shall have the following duty and authority: 1. To investigate the offenses committed in their precinct. […] To proceed to detain anyone presumed guilty in the cases mentioned in article 4 […].79 55. In 1991, Law 23,950 was enacted amending the 1958 Organic Law of the Federal Police as regards the cases in which an arrest without a court order was admissible and established the following: Paragraph 1. No one may be arrested without an order from the competent judge other than in the cases established in the Code of Criminal Procedure. However, if there are duly justified circumstances leading to the presumption that someone has committed or may commit a misdemeanor or a crime and that person does not reliably prove his identity, he may be taken to the corresponding police station, notifying the judge with correctional jurisdiction on duty, for the minimum time necessary to establish his identity and this may never exceed ten hours. The said individual shall be allowed to communicate immediately with a family member or person of his confidence to advise them of his situation. Anyone retained for purposes of identification may not be accommodated together with, or in places destined for, those detained for misdemeanors or crimes.80 1853 Constitution of the Argentine Nation, with amendments enacted in 1860, 1866, 1898, 1957 and on August 22, 1994. 78 Law 2372 of October 4, 1888, issuing the “Code of Criminal Procedures for the Federal Judiciary and the Ordinary Court of the Capital and of the National Territories.” 79 Law 23,950 of September 4, 1991, substituting “paragraph 1 of article 5 of Decree Law 333/58, ratified by Law No. 14,467.” Official Gazette of September 11, 1991. 80 18