Supreme Court ultimately ordered the
woman’s release that month but had to issue
a final ruling on the eight-year sentence
imposed on her by the lower court.
In July, a 12-year-old girl from the Wichí
Indigenous community was raped by a group
of non-Indigenous men. The rape resulted in
a pregnancy which she was forced to
continue, despite the fact that her parents
had reported the rape. At 31 weeks, the girl
was allowed to have a caesarean section only
because the pregnancy was unsustainable.
In November, the CEDAW Committee
urged Argentina to ensure that all provinces
approve protocols to facilitate access to legal
abortion; ensure that women have access to
safe legal abortion and post-abortion services
and take definitive steps to prevent “the
blanket use of conscientious objection by
doctors refusing to perform abortions,
considering in particular the situation of early
pregnancies as a result of rape and incest
that may amount to torture”; and “accelerate
the adoption of the draft law for the voluntary
interruption of pregnancy increasing legal
access to abortion”.
INDIGENOUS PEOPLES’ RIGHTS
Although the Constitution recognizes the
rights of Indigenous Peoples to their ancestral
lands and to participate in the management
of natural resources, the majority of
Indigenous communities remained without
legal acknowledgment of their land rights.
Indigenous Peoples reported over 200
cases of violations of their human rights to
land, participation and consultation, equality
and non-discrimination and access to justice,
among other rights.
2016 marked seven years of impunity in
the case of Javier Chocobar, leader of the
Chuschagasta Indigenous community, who
was killed for peacefully defending his land in
the Northern Province of Tucumán.
REFUGEES’ AND MIGRANTS’ RIGHTS
In August, the National Migration Directorate
and the Ministry of Security announced the
establishment of a detention centre for
migrants. This did not comply with the rights
Amnesty International Report 2016/17
to liberty, freedom of movement and the
protection from arbitrary detention.
During the Leaders’ Summit on Refugees
in New York, USA, in September, Argentina
pledged to receive 3,000 Syrian refugees,
prioritizing families with children. At the end
of the year, details of the resettlement
programme remained unspecified.
IMPUNITY
Public trials were held for crimes against
humanity during the military regime between
1976 and 1983. Between 2006 and
December 2016, 173 rulings had been
issued, bringing the total number of those
convicted to 733.
In May, a historic sentence was passed
on the “Plan Cóndor” case, a co-ordinated
intelligence plan launched in the 1970s by
the de facto governing military regimes in
Argentina, Brazil, Bolivia, Chile, Paraguay
and Uruguay. Reynaldo Bignone, the last de
facto President of Argentina at the time, was
sentenced to 20 years’ imprisonment. A
further 14 military leaders were sentenced to
imprisonment. In August, the sentence on
the “La Perla” historical trial – which
included clandestine centres in Córdoba
Province – was rendered, sentencing 28
perpetrators to life imprisonment. Nine
sentences were passed for between two
and 14 years’ imprisonment and
six acquittals.
By December, the Bicameral Commission
to identify economic and financial interests
that had colluded with the military
dictatorship, created by Law 27.217 in 2015,
had not been established.
The public hearing continued of the coverup of the investigation into the 1994 attack
on the Jewish Mutual Association of
Argentina (AMIA) building, in which 85
people were killed. Among those accused
were former President Carlos Menem, a
former judge and other former officials. The
main case relating to the attack had been
stalled since 2006. In August, the AMIA
Prosecutorial Investigation Unit identified
Augusto Daniel Jesús as the final victim who
still had to be identified.
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