Argentina
11.06.02
Urgent Interventions
Argentina: death in detention of Mr. Jorge Javier Frías Frías
Case ARG 110602
Death in detention
The International Secretariat of the OMCT requires your URGENT intervention in the following case in Argentina.
Description of the situation:
The International Secretariat of the OMCT was informed that Mr. Jorge Javier Frías Frías was found dead, in suspect circumstances, in the police station in Guaymallén, Mendoza province.
According to the information received from reliable sources, Mr. Jorge Javier Frías, a 23 year old, who was detained on Saturday 1st June 2002 at around six o’clock in the afternoon, had attempted to commit suicide inside his cell (section 25, Guaymallén). The reports state that he used a shoe lace as a device to commit suicide . Mr. Frías died on the same day in the central hospital of Guaymallén.
According to the information received Mr. Jorge Javier Frías Frías was alone when he committed suicide. The reports from the police affirm that all potentially harmful objects had been taken away, however, despite this preventive measure, the prisoner found a shoe lace in the cell where he was detained which he attached to the door in order to put an end to his life.
The reports state that members of the police claim to have seen Mr. Frías only when he was already “hanging” from the door. Nevertheless, other detainees in the same prison asserted that they themselves had to alert the police officers and demand them to take Mr. Frías to the hospital, place where he arrived in a very serious condition shortly after ten o’clock in the evening. Mr. Frías died at 10:30 p.m., after attempts by the medical staff failed to bring him back to life.
The reports add that the judge who is in charge of this case does not believe that Mr. Frías had committed suicide, given that the circumstances of this event are far from clear, and that the prisoner had no apparent motive to commit suicide. He had a two-months old daughter, and had recently restored the relationship with his partner. Nevertheless, it has been reported that in previous occasions the judge has brought to an abrupt end certain cases, thus covering the possible suspects of the crime.
According to the information received, Mr. Frías’ case is similar to one occurred on January 15th 2002, in San Rafael. Mr. Gustavo Morales, a 23 year old, was detained by a police officer (station 32) who accused him of having stolen the shoes he was wearing at that time. According to the information Mr. Morales was found dead shortly after, on the floor of the cell where he was detained. The reports affirm that Mr. Morales had been found with his belt around his neck, attached to the iron bars of the prison cell. Mr. Morales had no known motives to commit “suicide”.
Torture is reportedly a common practice in this area. Prisoners are apparently tortured during the first hours of imprisonment, and this often results in their death. These acts are covered up by the perpetrators, who mask their acts by making them appear as suicides. As it has been stated above, despite having expressed doubts about whether these are really suicides, the judge in charge of these cases does not pursue proper investigations, consequently the cases are closed, resulting in impunity for the perpetrators of these violations.
The International Secretariat of the OMCT is deeply concerned about these events, especially about the apparent impunity that the authors of these violations enjoy, and the lack of effective protective measures to prevent such acts. Additionally, the OMCT would like to remind to the concerning authorities that torture is a criminal act and it is subject to legal sanctions by the Argentine state.
Requested action:
Please write to the Argentine authorities urging them to :
i. take the necessary measures to guarantee the security and physical and psychological integrity of those detained in all police stations ;
ii. carry out an immediate and thorough investigation on the events described above, in particular on the claims of torture and ill-treatment to which the detainees have been apparently subjected to. This in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as stated by the law;
iii. guarantee the families of Mr. Jorge Javier Frías Frías and Mr. Gustavo Morales the right to claim for compensation for the damages caused;
iv. guarantee the respect of human rights and fundamental freedoms throughout the country, in conformity with the national legislation and the international human rights norms, and in particular with the Convention Against Torture, ratified by Argentina.
Addresses:
· Dr. Eduardo Duhalde, Presidente de la República de Argentina, e-mail: presidencia@presidencia.net.ar
· Sr. Jorge Rubén Matzkin, Ministro del Interior, Balcarce 24 (1064) CAP. FED.
Teléfonos: (+ 54 11) 433 1 45 71 / 6756 / 9951 - (+ 54 11) 4342 60 81 / (+ 54 11) 4343 08 80 . E-mail: secretariaprivada@mininterior.gov.ar
· Dr. Jorge Reinaldo Vanossi, Ministro de Justicia y Derechos Humanos ; Sarmiento 329 (1041) 5° piso - Cdad. Autónoma de Buenos Aires
Teléfonos: Conmutador : (+ 54 11) 4328-3015/9. Fax : (+ 54 11) 4328 53 95
· Dr. Julio S. Nazareno, Presidente de la Corte Suprema de Justicia de la Nación, Argentina Fax: (54 11) 4374 39 51; E-mail: v06@pjn.gov.ar
· Dr. Eduardo Mondito, Defensor del Pueblo de la Nacion, Argentina, Fax. (+5411) 4819 15 81 E-mail: defensor@defensor.gov.ar
· Representaciones Diplomáticas de Argentina en sus respectivos países
Geneva, June 11th , 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Death in detention
The International Secretariat of the OMCT requires your URGENT intervention in the following case in Argentina.
Description of the situation:
The International Secretariat of the OMCT was informed that Mr. Jorge Javier Frías Frías was found dead, in suspect circumstances, in the police station in Guaymallén, Mendoza province.
According to the information received from reliable sources, Mr. Jorge Javier Frías, a 23 year old, who was detained on Saturday 1st June 2002 at around six o’clock in the afternoon, had attempted to commit suicide inside his cell (section 25, Guaymallén). The reports state that he used a shoe lace as a device to commit suicide . Mr. Frías died on the same day in the central hospital of Guaymallén.
According to the information received Mr. Jorge Javier Frías Frías was alone when he committed suicide. The reports from the police affirm that all potentially harmful objects had been taken away, however, despite this preventive measure, the prisoner found a shoe lace in the cell where he was detained which he attached to the door in order to put an end to his life.
The reports state that members of the police claim to have seen Mr. Frías only when he was already “hanging” from the door. Nevertheless, other detainees in the same prison asserted that they themselves had to alert the police officers and demand them to take Mr. Frías to the hospital, place where he arrived in a very serious condition shortly after ten o’clock in the evening. Mr. Frías died at 10:30 p.m., after attempts by the medical staff failed to bring him back to life.
The reports add that the judge who is in charge of this case does not believe that Mr. Frías had committed suicide, given that the circumstances of this event are far from clear, and that the prisoner had no apparent motive to commit suicide. He had a two-months old daughter, and had recently restored the relationship with his partner. Nevertheless, it has been reported that in previous occasions the judge has brought to an abrupt end certain cases, thus covering the possible suspects of the crime.
According to the information received, Mr. Frías’ case is similar to one occurred on January 15th 2002, in San Rafael. Mr. Gustavo Morales, a 23 year old, was detained by a police officer (station 32) who accused him of having stolen the shoes he was wearing at that time. According to the information Mr. Morales was found dead shortly after, on the floor of the cell where he was detained. The reports affirm that Mr. Morales had been found with his belt around his neck, attached to the iron bars of the prison cell. Mr. Morales had no known motives to commit “suicide”.
Torture is reportedly a common practice in this area. Prisoners are apparently tortured during the first hours of imprisonment, and this often results in their death. These acts are covered up by the perpetrators, who mask their acts by making them appear as suicides. As it has been stated above, despite having expressed doubts about whether these are really suicides, the judge in charge of these cases does not pursue proper investigations, consequently the cases are closed, resulting in impunity for the perpetrators of these violations.
The International Secretariat of the OMCT is deeply concerned about these events, especially about the apparent impunity that the authors of these violations enjoy, and the lack of effective protective measures to prevent such acts. Additionally, the OMCT would like to remind to the concerning authorities that torture is a criminal act and it is subject to legal sanctions by the Argentine state.
Requested action:
Please write to the Argentine authorities urging them to :
i. take the necessary measures to guarantee the security and physical and psychological integrity of those detained in all police stations ;
ii. carry out an immediate and thorough investigation on the events described above, in particular on the claims of torture and ill-treatment to which the detainees have been apparently subjected to. This in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as stated by the law;
iii. guarantee the families of Mr. Jorge Javier Frías Frías and Mr. Gustavo Morales the right to claim for compensation for the damages caused;
iv. guarantee the respect of human rights and fundamental freedoms throughout the country, in conformity with the national legislation and the international human rights norms, and in particular with the Convention Against Torture, ratified by Argentina.
Addresses:
· Dr. Eduardo Duhalde, Presidente de la República de Argentina, e-mail: presidencia@presidencia.net.ar
· Sr. Jorge Rubén Matzkin, Ministro del Interior, Balcarce 24 (1064) CAP. FED.
Teléfonos: (+ 54 11) 433 1 45 71 / 6756 / 9951 - (+ 54 11) 4342 60 81 / (+ 54 11) 4343 08 80 . E-mail: secretariaprivada@mininterior.gov.ar
· Dr. Jorge Reinaldo Vanossi, Ministro de Justicia y Derechos Humanos ; Sarmiento 329 (1041) 5° piso - Cdad. Autónoma de Buenos Aires
Teléfonos: Conmutador : (+ 54 11) 4328-3015/9. Fax : (+ 54 11) 4328 53 95
· Dr. Julio S. Nazareno, Presidente de la Corte Suprema de Justicia de la Nación, Argentina Fax: (54 11) 4374 39 51; E-mail: v06@pjn.gov.ar
· Dr. Eduardo Mondito, Defensor del Pueblo de la Nacion, Argentina, Fax. (+5411) 4819 15 81 E-mail: defensor@defensor.gov.ar
· Representaciones Diplomáticas de Argentina en sus respectivos países
Geneva, June 11th , 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.