IACHR Celebrates Full Compliance with Friendly Settlement Agreement in Case 13011 Concerning Argentina

August 26, 2022

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Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) has decided to declare full compliance with friendly settlement report 197/20, concerning Case 13,011—Graciela Ramos Rocha and Family, Argentina—and will stop monitoring it.

This case concerns the international responsibility of the State of Argentina for an alleged violation of the legality principle to the detriment of Graciela Ramos Rocha. Ramos Rocha, who was pregnant and was suffering domestic violence at the time, sought refuge in a vacant house with her three children, one of them with a severe disability. She was convicted of usurpation, even though her behavior did not involve the applicable characteristics, the unlawful nature, or the culpability that are essential to prove this crime. On October 26, 2015, the IACHR declared admissible the relevant petition concerning Articles 8 (right to a fair trial), 9 (right to freedom from ex post facto laws), and 25 (right to judicial protection) of the American Convention, in accordance with Articles 1.1 and 2 of this instrument.

The parties signed a friendly settlement agreement that was approved by the IACHR on July 12, 2020. During the process of monitoring the implementation of this agreement, the Commission found that total compliance had been attained regarding Ramos Rocha's housing situation, after she was granted a home and the required public deed. Her children were also found to have been enrolled in school close to the home that had been granted to the family.

The Commission closely followed the implementation of this friendly settlement and commended both parties on their efforts in negotiations and during the monitoring stage of the agreement. Based on information provided by the parties during the monitoring process, the IACHR declared that full compliance had been attained and ended its supervision of compliance with this friendly settlement agreement.

The Commission commends the Argentine State on its efforts to solve cases that are taken before the petition and case system through the friendly settlement mechanism and on its work to achieve full implementation of this friendly settlement agreement. The IACHR further commends the petitioning party on its involvement in the search for progress in friendly settlement proceedings.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 188/22

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