A/HRC/8/34
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Committee against Torture, the Human Rights Committee and the Working Group on Arbitrary
Detention about the overcrowding and poor physical conditions prevailing in the prisons. Norway
indicated its wish to receive information on the measures taken or to be taken to address this
concern.
50. Switzerland stated that it is vital that anyone suspected of having committed a serious crime
should be brought to court in order to be tried. With regard to the penal procedures concerning the
crimes committed during the dictatorship, Switzerland underlined the importance that the
procedures were in keeping with the principles of fair trial and rapidity. It was vital that these
criminal procedures should not be pointlessly slowed down, for if they were delayed this might lead
to people escaping a verdict. Therefore, Switzerland recommended that Argentina take all necessary
steps to ensure that the principle of rapidity is complied with. Switzerland also underlined that
witnesses were a vital element in establishing facts and might be threatened as a result of their
participation in legal proceedings. In order to ensure that witnesses come forward, Switzerland
stated that it was vital that their personal safety was guaranteed as well as the safety of their family
members. Switzerland, therefore, welcomed the witness protection programme that has been set up
and recommended that Argentina continue its efforts in this area, in order to make sure that
witnesses were not victims of threats or assault.
51. Uruguay noted that the report of Argentina described the long struggle against impunity for
the violations of human rights committed during the military dictatorship and that this struggle was
successful with the cancellation of the Presidential pardon and impunity. The highest judicial
authorities considered such texts as unconstitutional and that the crimes committed could not be
subjected to the statute of limitations such as torture, murder, forced disappearance and robbery of
children. Progress has also been made with women’s rights, examples were the quota for women in
the National Assembly and that the President is a woman. Uruguay congratulated Argentina on the
progress it has made on human rights in general including economic, social and cultural rights
because of the fact that poverty has diminished and urged Argentina to continue with its efforts.
52. Egypt stated that impunity was key to the promotion and protection of human rights,
achieving healing and reconciliation and preventing violations. Whether in regard to Argentina or
other similar situations, Egypt noted that the question of amnesty versus impunity always arose,
especially when it was perceived as a precondition for settling conflict or a situation of strife. In that
context, Egypt raised the following question: while recognizing that different situations entailed
different contexts and dynamics and that justice was best rendered when done swiftly, did
Argentina’s experience, from which many were benefiting or stood to benefit, suggest that there
could be a potential danger in invoking or applying the principle of impunity, when seeking to settle
a long-standing conflict or situation, or shortly thereafter where a situation was still fragile.
53. Sweden thanked the Government of Argentina for its serious undertaking for the Universal
Periodic Review. Sweden raised a specific question on one of the issues touched upon in the written
questions it submitted in advance and stated that the question could also be used as a
recommendation. Concerning United Nations and NGO reports of torture and other inhuman
treatment by the police, in certain parts of the country, Sweden asked for more information about
the steps taken by the federal or provincial governments to ensure that there was no impunity for
such crimes.
54. The Republic of Korea welcomed the creation of the National Institute against Discrimination
in 1995 and the 2005 National Plan against Discrimination. It asked Argentina to elaborate on
concrete measures taken in this area and their effect so far, and encouraged the Government to
maintain its efforts to prevent discrimination especially towards the most vulnerable sectors of the
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