Related Rule
Argentina
Practice Relating to Rule 100. Fair Trial Guarantees
Section E. Necessary rights and means of defence
Argentina’s Law of War Manual (1969) provides: “In no case shall a prisoner of war appear in front of a tribunal … if the proceedings do not ensure to the accused person the rights and means of defence”.
Argentina, Leyes de Guerra, RC-46-1, Público, II Edición 1969, Ejército Argentino, Edición original aprobado por el Comandante en Jefe del Ejército, 9 May 1967, § 2.074.
The manual further provides:
A prisoner of war has the right to be assisted by one of his inmates [or] to be defended by a qualified lawyer of his own choosing … In order to prepare his defence, counsel will have at least a period of two weeks before the examination of the case, as well as the necessary facilities; he can visit the accused freely and meet with him without witness. Counsel may also meet all witnesses on his behalf, including other prisoners of war. He will enjoy these facilities until the expiration of the delay to appeal.
Argentina, Leyes de Guerra, RC-46-1, Público, II Edición 1969, Ejército Argentino, Edición original aprobado por el Comandante en Jefe del Ejército, 9 May 1967, § 2.086; see also § 5.029(3) (occupied territory).
Argentina’s Law of War Manual (1989) states:
The right of prisoners to a defence is recognized and guaranteed. To this effect, prisoners have the right to be assisted by one of their fellow inmates, or to be defended by a qualified lawyer of their own choosing.
Argentina, Leyes de Guerra, PC-08-01, Público, Edición 1989, Estado Mayor Conjunto de las Fuerzas Armadas, aprobado por Resolución No. 489/89 del Ministerio de Defensa, 23 April 1990, § 3.30; see also § 5.09.
Argentina’s Code of Criminal Procedure (1991) states: “Incommunicado detention may not prevent the detainee from communicating with his counsel promptly before the beginning of his statement before the judge.”
Argentina, Code of Criminal Procedure, 1991, Article 205.
Argentina’s Law on the Protection of Children’s and Adolescents’ Rights (2005) states:
Article 27 (Minimum procedural guarantees. Guarantees in judicial or administrative proceedings)
In any judicial or administrative proceedings affecting children and adolescents, the governmental bodies shall guarantee [that children and adolescents enjoy] the following rights and guarantees, in addition to all those rights provided for in the National Constitution [of Argentina], in the Convention on the Rights of the Child, in international treaties ratified by the Argentine Nation and any laws promulgated in consequence of such treaties:
a) To be heard before the competent authority every time the child or adolescent requests so;
…
c) To be assisted by a legal counsel preferably specialized in childhood and adolescence since the beginning of the judicial proceedings involving him or her. In case [the child or adolescent] lacks economic resources, the State shall assign legal assistance to him or her ex officio.
d) To actively participate during the entire proceedings.
Argentina, Law on the Protection of Children’s and Adolescents’ Rights, 2005, Article 27(a), (c) and (d).
