IACHR files case with IA Court concerning violations of the right to judicial protection of 12 victims in Argentina

September 25, 2024

Washington, D.C. - On July 12, 2024, the Inter-American Commission on Human Rights (IACHR) filed Case 12.926 against Argentina with the Inter-American Court of Human Rights (IA Court). The case concerns violations of the right to appeal a ruling and the right to judicial protection of 12 individuals.

The individuals in question were tried and given various prison sentences as part of criminal proceedings under Argentina's Criminal Code. Appeals filed with the National Chamber of Criminal Cassation were dismissed, and a subsequent extraordinary federal appeal to the National Supreme Court was denied. The convictions were issued before the Supreme Court of Argentina reached its landmark "Casal" ruling in 2005, which expanded the grounds for reviewing cases in cassation.

In Merits Report 96/22, the IACHR found that the legal reforms and judicial interpretations introduced by the Argentinian State following the "Casal" ruling had not benefited these victims retroactively. It also noted that the ruling did not have widespread, binding effects beyond the specific case it was issued in relation to. Furthermore, until the Federal Criminal Code was enacted in 2014, Argentina did not adopt any legislative reforms to include the "Casal" doctrine in the text of the country's criminal code, nor did it pass any regulations to apply the effects of the doctrine to closed cases.

The IACHR noted that the decisions of the National Chamber of Criminal Cassation revealed the absence of a mechanism that would allow a comprehensive review of the victims' convictions. As a result, it concluded that the victims were not guaranteed the right to appeal their sentences in accordance with the standards of the inter-American system. This meant that they did not have access to an appropriate review of their cases and were left without the judicial protection to which they were entitled.

For these reasons, the IACHR concluded that the State of Argentina is responsible for violating the rights to appeal and to judicial protection enshrined in articles 8.2.h and 25.1 of the American Convention on Human Rights, junction with the obligations established in articles 1.1 and 2 of this instrument, to the detriment of Alberto José Ricciardi, José Ángel De Priete, Leandro Héctor Parpaglione, Carlos Osmar Barraza, Oscar Franco, Carlos Roldán, César Alberto Grego, Alejandro Alcides Sánchez, Christian Walter Mutuverría, Miguel Félix Hidalgo, Fabio Walter Romero, and Gustavo Rainieri.

The IACHR recommends that the State of Argentina undertake the following measures of reparation:

1. Provide comprehensive material and moral redress for the human rights violations listed in the report.
2. Implement measures to allow the victims to appeal their sentences and obtain a comprehensive review.
3. Enact legislative reforms to ensure that domestic laws governing cassation appeals and the mechanisms used by judicial authorities to ensure that appeals adhere to international conventions align with the standards set forth in the IACHR's report.

The Inter-American Commission on Human Rights (IACHR) is an autonomous body of the Organization of American States (OAS) whose mandate is based on the OAS Charter and the American Convention on Human Rights. Its mission is to promote and defend human rights throughout the Americas and to serve as an advisory body to the OAS in this area. The IACHR consists of seven independent members elected by the OAS General Assembly. They serve in a personal capacity and do not represent their countries of origin or residence.

No. 223/24

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