Interrogating Argentina’s Experience of Prosecuting Torture and Ill-Treatment

Borda, Rodrigo Diego; Oette, Lutz

Abstract

Human rights non-governmental organizations played a critical role in the struggle for accountability for crimes against humanity committed by Argentina’s military dictatorship (1976–83). Notably, this impetus has also been brought to bear in focusing on prosecuting torture and ill-treatment committed in a democratically governed Argentina. Over the last two decades, legislative and institutional reforms, and the work of key actors, such as the Prison Ombudsman’s National Office (PPN, its Spanish initials), have resulted in many successful prosecutions and changes in the country’s prison system. The interview by the two authors explores the causes for this remarkable development, identifies challenges and shortcomings in Argentina’s law and practice on torture and ill-treatment, and highlights the contribution of Argentina’s experience to the worldwide struggle against torture. It underscores the importance of institutional strategies and persistent engagement in creating and sustaining a practice of accountability and justice for torture and ill-treatment. This includes, in the case of the PPN, proposing legislative changes and litigating to build a body of jurisprudence that render the legal framework more coherent, remove obstacles to effective investigations and prosecutions, and bring about systemic changes. The interview ends by pointing out that Milei’s government has recently adopted regressive policies on human rights. This poses a challenge for a country which considered that the protection of these rights and the policies of memory, truth, and justice enjoyed a broad consensus. However, the interview equally emphasizes that Argentina has a good historical, legal, and social basis to face this challenge.

Citation

Borda, R. D., & Oette, L. (2025). Interrogating Argentina’s Experience of Prosecuting Torture and Ill-Treatment. Journal of Human Rights Practice, 17(2), Article huaf008. https://doi.org/10.1093/jhuman/huaf008

• Journal Article Type: Article
• Acceptance Date: Apr 23, 2025
• Online Publication Date: Jun 2, 2025
• Publication Date: Jul 1, 2025
• Deposit Date: Jun 3, 2025
• Publicly Available Date: Jun 5, 2025
• Print ISSN: 1757-9619
• Electronic ISSN: 1757-9627
• Publisher: Oxford University Press
• Peer Reviewed: Peer Reviewed
• Volume: 17
• Issue: 2
• Article Number: huaf008
• DOI: https://doi.org/10.1093/jhuman/huaf008
• Publisher URL: https://academic.oup.com/jhrp/article/17/2/huaf008/8155322