IACHR Publishes Friendly Settlement Agreement Regarding the Violation of Freedom of Expression of José Luis D'Andrea Mohr in Argentina

December 19, 2023

Washington, DC—The Inter-American Commission on Human Rights (IACHR) announced its decision to approve and publish the friendly settlement agreement for Case 13.581, José Luis D'Andrea Mohr, concerning Argentina, through Approval Report No. 269/23.

The case concerns the international responsibility of the State for the violation of the right to freedom of expression to the detriment of José Luis D'Andrea Mohr and his relatives. He was sentenced to pay damages in a lawsuit for writing and publishing the book El Escuadrón Perdido [The Lost Squadron], in which he reported the forced disappearance of 129 soldiers during Argentina's civil-military dictatorship.

The parties signed a friendly settlement agreement on November 15, 2022. In this agreement, the State acknowledged its international responsibility for the violation of the right to freedom of expression enshrined in Article 13 of the American Convention on Human Rights, in relation to the obligation to respect the rights contemplated in Article 1.1 of this instrument, to the detriment of José Luis D'Andrea Mohr and his relatives.

The State undertook to implement the following reparation measures: 1) the placement of a plaque in honor of José Luis D'Andrea Mohr and another in memory of Corporal José Hernández; 2) the publication of the friendly settlement agreement; 3) the publication of works by José Luis D'Andrea Mohr in the Argentine Legal Information System; and 4) the creation of a database of decisions of the Inter-American System of Human Rights System (IASHR) concerning Argentina and the circulation of this within the judiciary.

The IACHR approved the terms of the agreement signed and deemed that the clause relating to the placement of the plaques had been fully complied with. It also deemed that substantial partial compliance had been achieved regarding the measures relating to the publication of the friendly settlement agreement and the creation of a registry of a database of IASHR decisions and that partial compliance had been achieved with the measure relating to the publication of works by José Luis D'Andrea Mohr. The IACHR therefore decided to continue monitoring these aspects until they are fully implemented.

The IACHR acknowledged the efforts made by both parties during the negotiation of the agreement to reach a friendly settlement following a negotiation process consistent with the object and purpose of the Inter-American Convention. It also welcomed the efforts made by the State to make friendly settlements and alternative dispute resolution a public policy. It encouraged it to continue using this mechanism to resolve other matters pending before the individual petition and case system. Finally, it congratulated the petitioning party and valued its efforts to participate in the negotiations and to advance the friendly settlement process.

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. 305/23

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