IACHR files case with IA Court concerning violation of the right to appeal a conviction

January 22, 2025

Washington, DC—On December 16, 2024, the Inter-American Commission on Human Rights (IACHR) presented case no. 13.469 against Argentina to the Inter-American Court of Human Rights. The case concerns the violation of the right to appeal a criminal conviction, to the detriment of Juan Eduardo Cejas.

On January 23, 2001, Cejas was arrested while driving, after which police officers searched his vehicle and found four packages of marijuana inside it. On August 5, 2002, an Oral Tribunal sentenced him to four years in prison and a fine of $225 for being criminally responsible for transporting drugs, as defined in Article 5.c of Law 23.737.

A cassation appeal was filed against the conviction, arguing that there was insufficient evidence of Cejas's involvement in the alleged crime and of criminal intent. On August 29, 2002, the Oral Tribunal at Federal Criminal Court No. 1 rejected the appeal, deeming the defense's arguments repetitive. The defense filed a complaint appeal, but Chamber I dismissed it, reasoning that the lack of evidence for criminal intent was linked to the evidence submitted.

In Merits Report No. 391/22, the IACHR determined that Argentinian law had prevented Cejas from appealing his conviction through a cassation appeal, thereby denying him a fair and thorough review of his case.

The IACHR also underscored that the conviction should have been reviewed by a higher court, in line with international standards. Although the defense contested the drug trafficking charge, the cassation court denied the appeal, preventing a comprehensive review of the conviction.

For these reasons, the IACHR concluded that the State of Argentina is responsible for violating the rights to appeal and to judicial protection enshrined in articles 8.2.h and 25.1 of the American Convention on Human Rights, in conjunction with the obligations in articles 1.1 and 2, to the detriment of Juan Eduardo Cejas.

Consequently, the IACHR recommended that the State undertake the following measures of reparation:

1. Provide comprehensive material and moral reparations for the human rights violations listed in the report.
2. Ensure that Juan Eduardo Cejas is granted access to a criminal proceeding with all due guarantees, allowing him to file an appeal that ensures a comprehensive review of his conviction, as established under Article 8.2.h of the American Convention.
3. Align national legislation on cassation appeals with the standards outlined in the report and ensure that judicial authorities evaluate whether domestic laws and decisions comply with the obligations set forth in the American Convention when resolving appeals against convictions.

The Inter-American Commission on Human Rights (IACHR) is an autonomous body of the Organization of American States (OAS) whose mandate is based on the OAS Charter and the American Convention on Human Rights. Its mission is to promote and defend human rights throughout the Americas and to serve as an advisory body to the OAS in this area. The IACHR consists of seven independent members elected by the OAS General Assembly who serve in a personal capacity and do not represent their countries of origin or residence.

No. 016/25

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