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Police Brutality Exacerbates Climate of Fear in Argentina

Security Forces Require Professionalization and Oversight, Say Rights Groups

Two major human rights groups today accused the Argentine police of excessive violence and corruption, and charged that abusive police practices are exacerbating the problem of deteriorating public safety in Argentina.

The Argentine Center for Legal and Social Studies (Centro de Estudios Legales y Sociales, CELS) and Human Rights Watch, the largest U.S.-based human rights organization, describe widespread police brutality, torture of suspected criminals, corruption among high-level police officials, legislation that violates basic rights, and insufficient control by judicial and civilian authorities over police forces. The report is the first of its kind to focus exclusively on police abuse in Argentina.

In light of the disturbing findings of the 250-page report, the groups expressed concern over recent statements by Argentine President Carlos Saْl Menem that a "hard line" must be taken to combat crime, and that "some human rights organizations can protest, but I think that criminals have more protection here than the police or the people." Escalating levels of crime have diminished public safety and have led to a generalized feeling of insecurity among the Argentine population.

"Given the police force's history of brutal behavior, the president's call for more aggressive policing is troubling, indeed," said Martيn Abregْ, executive director of CELS. "His statements are counterproductive at a time when it is critical for police forces to hold their agents accountable for abuses. Currently too many police agents, instead of fighting crime and apprehending criminals, have become criminals themselves, contributing to the climate of fear in many cities."

José Miguel Vivanco, executive director of the Americas Division of Human Rights Watch, noted that both federal and provincial police forces must initiate widespread reforms to ensure respect for international human rights standards. "Police forces must be professionalized and be subject to independent, external control to curb police brutality in Argentina," said Vivanco. "Reform at all levels—national, regional, and local—is necessary both to comply with international standards and to make police forces more efficient and productive," added Vivanco. The joint report by CELS and Human Rights Watch, "Exacerbating Insecurity: Police Brutality in Argentina" is the result of more than two years of investigation throughout Argentina. Some of the abuses documented in the report include:

  • "Disappearances" in police custody;
  • Killings by police in alleged "shoot-outs," in which investigations often demonstrated that the police shot the victims point-blank and then fabricated evidence of a shoot-out (such as the planting of a gun on the victim's body);
  • The killing of innocent bystanders during armed confrontations between the police and criminal suspects;
  • Deaths in police custody, frequently after torture to force confessions, later often described as suicide;
  • "Easy trigger" cases in which police officers shot to kill rather than seeking to detain suspects (sometimes due to minor provocations);
  • Excessive use of force in controlling demonstrations, such as an August 13, 1998 incident in which the provincial police in Jujuy province used batons, tear gas, and rubber bullets against public employees demanding payment of back salaries, leaving thirty wounded;
  • Harassment of or attacks on witnesses to these crimes.

The report describes structural problems that range from the practice of requiring off-duty agents to carry firearms to legislation that permits, or even endorses, abusive behavior. For example, police agents have the authority to detain an individual for unconventional reasons, including for verification of identity and for suspected criminal background, a practice that severely threatens the basic rights of individuals. CELS and Human Rights Watch note that individuals detained for these superfluous reasons are the most frequent victims of torture or death while in police custody.

One of the most serious impediments to accountability documented in the report is the frequent cover-up of crimes by security forces. Official version of events given by police forces often make it impossible to present contrary evidence to the courts. Furthermore, judicial authorities often do not fully investigate crimes committed by security agents. Because of the widespread impunity currently enjoyed by abusive and corrupt members of police forces, any reform to address these problems must ensure the prosecution and punishment of past crimes and the enactment of a legal framework that adequately sanctions grave violations of human rights.

The report recommends a number of concrete measures to professionalize the police force and curtail abuses by police agents, including criminal and administrative prosecution of police officers involved in human rights violations, the protection of witnesses testifying against police agents, and the elimination of police agents' obligation to carry firearms even when off duty.

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