Press Release

IACHR Publishes Report No. 197/20 on Case 13,011—Graciela Ramos Rocha and Family, Argentina

August 6, 2020

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Washington, D.C. - The Inter-American Commission on Human Rights (IACHR) plans to approve the friendly settlement agreement in Case 13,011—Graciela Ramos Rocha and Family, Argentina. The victims, their representatives, and the Argentine State signed this agreement on May 29, 2020.

On September 17, 2007, the Inter-American Commission on Human Rights received a petition filed by Stella Maris Martínez, in the context of the Program to Ensure the Application of Human Rights Treaties of the Argentine Ombudsperson’s Office. The petition alleged that the Republic of Argentina bore international responsibility for the proceedings that led to Graciela Ramos Rocha being convicted of criminal misappropriation, in violation of the legality principle.

On September 13, 2019, the petitioners signed a memorandum of understanding with the Mendoza province, which established the following reparation measures:

• granting Graciela Ramos Rocha possession and ownership of a home;
• formally registering and transferring the deed for the relevant building;
• ensuring the right to education for school-age members of the family, in the area where they live;
• immediately and effectively providing medical care to Ramos Rocha and her family, in compliance with the prevailing legal framework.

On May 29, 2020, the parties signed a friendly settlement agreement and asked the Commission to approve it.

In its Approval Report, the IACHR declared that there had been full compliance with the friendly settlement agreement in terms of possession of the home, social and educational integration, and medical assistance. The Commission further declared partial compliance with measures linked to dampness in the building and to definitively registering the building in the name of Ramos Rocha. The Commission therefore decided to continue to supervise this friendly settlement agreement until full compliance is attained.

The Inter-American Commission closely monitored developments and highly commends both parties for their efforts while negotiating the friendly settlement, which turned out to be compatible with the Convention’s aims and purposes. The Commission congratulates both parties for their disposition and willingness to work toward solving this issue without litigation. The IACHR—which will continue to monitor the implementation of all pending measures until full compliance is attained—salutes the efforts made by the Argentine State to develop a public policy concerning friendly settlements and alternative conflict resolution.

Friendly settlement report no. 197/20, concerning Case 13,011, is available here

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. 191/20