Press Release

IACHR Takes Case Involving Argentina to Inter-American Court

December 14, 2011

Washington, D.C. - The Inter-American Commission on Human Rights (IACHR) filed an application with the Inter-American Court of Human Rights in Case No. 12.653, Carlos and Pablo Mémoli, Argentina.

The case involves the violation of the right to freedom of expression of Carlos and Pablo Carlos Mémoli, as a result of the criminal sentence pronounced against the victims on the basis of the crime of slander, which was in force at the time. The case is also related to the violation of the guarantee of reasonable period of time in the context of a civil proceeding that still continues today, through which an embargo was imposed over the actives of the victims for more than 14 years. In practice, this has had a punitive and inhibitory effect on freedom of expression, with consequences in the life project of the Memolis.

The case was sent to the IA Court HR on December 3, 2011, because the Commission deemed that the State had not complied with the recommendations contained in its Report on the Merits of the case. In that report, the IACHR concluded that Argentina violated the right to judicial guarantees and the right to freedom of expression of Carlos and Pablo Mémoli, and recommended, among other: to vacate the criminal convictions against Carlos Memoli and Pablo Memoli as well as all of the consequences stemming from them; immediately lift the general injunction of assets against them; take all measures necessary to resolve the civil case against them expeditiously and impartially; provide full compensation for all pecuniary and non-pecuniary losses suffered by the victims as a result of the violations established by the IACHR; and adopt all necessary measures to prevent the repetition of similar situations with regard to the disproportionate duration of civil processes and injunctive measures.

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 human rights in the region and acts as a consultative body to the OAS in this matter. 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. 129/11