IACHR files application before Inter-American Court in case concerning violations of judicial protection and judicial guarantees in Argentina

October 23, 2024

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) filed on August 6, 2024, an application before the Inter-American Court of Human Rights in Case 13,455, with regard to Argentina. This case concerns violations of María Cristina Aguirre's right to appeal a court conviction.

In June 2002, lower criminal court 3 in San Martín sentenced Aguirre to 4 years and 2 months in jail for possession of drugs with intent to sell. The court decision said the conviction had been based on a raid conducted in September 2000, where officers had found 44.86 grams of marijuana and 0.70 grams of cocaine in her home. Aguirre's defense argued that the raid had involved violations of constitutional guarantees, but the court rejected the allegations.

Aguirre's defense then appealed the conviction, but the National Chamber of Criminal Appeals rejected the appeal. Later, her defense tried to take the case to a higher court through an extraordinary appeal, but that was also rejected. In November 2002, Aguirre sent a note to the National Chamber of Criminal Appeals to appeal her conviction. However, the Supreme Court of Justice also rejected that appeal in November 2003, without a thorough review of the arguments made by Aguirre's defense.

In Admissibility and Merits Report 329/22, the IACHR said that Aguirre's right to appeal her conviction had been violated, since the National Chamber of Criminal Appeals had automatically rejected the arguments made by her defense considering them proved, and since the courts that received the case after that had failed to make amends.

The IACHR assessed Aguirre's appeal, that the Supreme Court had rejected because the Court considered that it had not been filed in the required timeframe. The Court did not provide an adequate response to the arguments made by Aguirre's defense, which were crucial in this case. By not considering those arguments, the Court violated Aguirre's right to access justice. The IACHR therefore found that the Argentine State is liable for violating Aguirre's rights to appeal a court decision, to be heard during judicial proceedings, and to receive adequate judicial protection.

The IACHR found that the State of Argentina is liable for violations of the rights to judicial guarantees and judicial protection held in Articles 8 and 25 of the American Convention, in keeping with the obligations held in Articles 1.1 and 2 of that instrument, to the detriment of María Cristina Aguirre.

The IACHR therefore recommended that the State adopt the following redress measures:

1. Provide comprehensive reparations—both material and immaterial—for all human rights violations, including financial compensation and other redress measures
2. Take legislative and other measures to ensure that all individuals who are convicted of crimes have effective remedies at their disposal that enable a comprehensive review of court decisions, and ensure that judges enforce the applicable human rights standards when reviewing convictions
3. Take all necessary measures to adapt domestic legislation concerning appeals to the applicable standards regarding legal action held in Article 8.2.h of the American Convention, and ensure that judicial authorities conduct conventionality checks when resolving appeals in criminal court cases

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 259/24

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