The 1853 Constitution of Argentina (as amended) does not refer to the rights to life or to freedom from torture, though it does cite the importance of both the 1966 Covenant on Civil and Political Rights (ICCPR) and the 1984 Convention against Torture (CAT).Art. 22, 1853 Constitution of Argentina (as amended).
The Constitution also does not refer to the establishment of a national police service or regulate its power to use force.
|1966 Covenant on Civil and Political Rights (ICCPR)||State Party|
|ICCPR Optional Protocol 1||State Party|
|1984 Convention against Torture (CAT)||State Party|
|Competence of CAT Committee to receive individual complaints||Yes|
|CAT Optional Protocol 1||State Party|
|1998 Rome Statute of the International Criminal Court||State Party|
|1948 Charter of the Organization of American States||State Party|
|1969 Inter-American Convention on Human Rights||State Party|
|Competence of Inter-American Court on Human Rights||Yes|
Police Use of Force
Police forces are organised on a federal and regional basis in Argentina.
Lethal use of force by police is regulated by the 1984 Criminal Code (as amended). Under Articles 79 and 80, the crime of homicide is aggravated when it is committed by a member of the security forces (police or prison officer), in abuse of the function or position. Torture by a public servant is punishable by a term of imprisonment of eight to twenty-five years.Art. 144ter, 1984 Criminal Code (as amended).
The 1981 Code of Criminal Procedure, which applies to the federal police forces, are allowed to use force according to the principle of necessity.Art. 184, 1981 Code of Criminal Procedure.
With respect to firearms, a police training manual on the use of force stipulates that:
As a general rule, the use of firearms is not justified. Grounds for an exception to his rule are only given when ... the aggressor fires against police personnel and not to prevent his/her escape might imply a lethal threat for him- or herself or others.
Police action in the capital, Buenos Aires, is subject to additional constraints, including the principle of proportionality.Art. 83, Law 5688.The police are required to ensure the enjoyment of the right to life and bodily integrity of all demonstrators in the capital. Also restricted is the ability of members of the security forces who will be in direct contact with demonstrators to carry firearms.Art. 91, Law 5688.
Allegations of criminal behaviour by police or prison officers are addressed by the General Prosecutor’s Office, which has an Iffice on Institutional Violence. The Defensor del Pueblo de la Nación Argentina (The Ombudsman of the Argentine State), established under Article 86 of the Constitution, is an independent institution dedicated to the defence of human rights that may investigate allegations of excessive or indiscriminate police use of force.
Views and Concluding Observations of United Nations Treaty Bodies
In its 2017 Concluding Observations on Argentina, the Committee against Torture expressed its concern
about reported patterns of violence and arbitrary behaviour by the federal and provincial security forces in connection with police custody that takes place without a court order, particularly in cases involving socially marginalized young people and children, who are reportedly sometimes detained for identity checks or other reasons not linked to criminal conduct. According to information received, such abuses can include attempted murder....Committee against Torture, Concluding Observations on Argentina, 2017, para. 13.
Mendoza v. Argentina (2013)
This case, before the Inter-American Court of Human Rights, concerned the injury during detention of two inmates. In its judgment, the Court said that “the State is responsible for respecting the right to personal integrity of every individual in its custody. ... Thus, this Court reiterates that, since the State is responsible for detention centers and prisons, it has the obligation to safeguard the health and well-being of the persons deprived of liberty, and to guarantee that the manner and method of deprivation of liberty does not exceed the inevitable level of suffering inherent in detention….”
Chocobar case (2018)
This recent case concerns the robbing and stabbing of a tourist by two criminals and the action of an off-duty police officer to shoot one of the two criminal suspects to prevent his escape. In February 2018, the officer was indicted for homicide by a Buenos Aires court as video evidence appeared to show the suspect running away and not, as Officer Chocobar had claimed, running towards him.