IACHR files application before Inter-American Court in case concerning Supreme Court justice's dismissal in Argentina

October 24, 2024

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) filed on August 20, 2024, an application before the Inter-American Court of Human Rights in Case 13,071, with regard to Argentina. This case concerns Eduardo Moliné O'Connor's dismissal as Supreme Court justice in 2003.

Eduardo Moliné O'Connor became a justice of Argentina's Supreme Court in 1990. In June 2003, the country's president at the time asked the National Congress to launch impeachment proceedings against several Supreme Court justices. Proceedings started with several complaints by legislators about Moliné O'Connor's actions in court cases including "Meller Comunicaciones," where he was accused of judicial misconduct.

In December 2003, the Senate approved the justice's dismissal, despite the fact that several recusals had been requested alleging that the Senate was not impartial. Later, Moliné O'Connor filed several appeals that were dismissed, and he was definitively dismissed.

In Admissibility and Merits Report 30/23, the IACHR found that the rules applied in impeachment proceedings against Moliné O'Connor had failed to comply with the legality principle, which enabled his dismissal based on the decisions he had made as a judge without clear legal grounds. Admissibility and Merits Report 30/23 further found that the dismissal had not been adequately justified, since the authorities had failed to prove that it was necessary to preserve the administration of justice.

The IACHR found that this dismissal had not been adequately grounded, since it had been based on Moliné O'Connor's decision in the Meller case without any arguments being provided to explain why that decision might have entailed serious misconduct. The IACHR also found that impeachment proceedings had failed to enforce the basic safeguards of a fair trial, especially concerning the impartiality of the authorities involved in impeachment proceedings. Moliné O'Connor had no access to adequate judicial review of decisions against him, and the Supreme Court did not assess his arguments concerning the absence of impartial authorities and concerning his right to a defense.

The IACHR therefore found that the State of Argentina was liable for violations of the principles of legality and judicial independence and of the rights to impartial authorities, adequate grounds, timely proceedings, political participation, and judicial protection held in Articles 8.1, 9, 23, and 25.1 of the American Convention, in keeping with the obligations held in Articles 1.1 and 2 of that instrument, to the detriment of Eduardo Moliné O'Connor.

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

1. Provide comprehensive reparations for all human rights violations mentioned in the report, including financial compensation and other redress measures
2. Adapt domestic legislation to ensure that sanctions procedures against judicial officers embody the standards of judicial independence and the safeguards required for due process (this includes a clear account of sanctionable practices and of the applicable sanctions, the chance to effectively appeal in cases of rights violations, and access to adequately grounded decisions, to prevent sanctions for the exercise of valid legal judgment)

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. 261/24

4:10 PM