National Implementation of IHL
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Law 26.679 (Crimes against Liberty) amending the Penal Code and the Code of Criminal Procedure, 2011
Ley 26.679 (Delitos contra la libertad) modifícanse el Código Penal y el Código Procesal Penal de la Nación, 2011

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Congress adopted amendments to the Criminal Code and Code of Criminal Procedure on 13 April 2011, effectively penalizing enforced disappearances and barring the applicability of statutes of limitations to the crime. The law, promulgated on 5 May 2011, creates an offence where any public officer or person or member of a group of persons, acting with the authorization, support or acquiescence of the State, deprives someone of their liberty, followed by a lack of information or a refusal to acknowledge such deprivation of liberty or to provide any information on the whereabouts of such person. The offence carries a penalty of 10 to 25 years of imprisonment, along with a permanent and absolute prohibition to hold any public office or act as a private security agent. The penalty is raised to life imprisonment if the act results in death of the victim, or when the victim is a pregnant woman, any person under 18 or over 70 years of age, or has disabilities, or when the victim is a person born during the disappearance of their mother. The new Article 194bis mandates judges to remove from the investigation, on their own initiative or upon request from one of the parties to the case, any security forces involved in the search upon mere suspicion that members of these forces were involved as perpetrators or participants in the commission of the offence.

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application/pdf 1,317 KB Argentina - Crimes against Liberty, 2011.pdf