IACHR grants precautionary measures in favor of Mariano Javier Oteiza Hernández in Argentina

September 17, 2025

Washington, DC—The Inter-American Commission on Human Rights (IACHR) issued Resolution 63/2025 on September 11, 2025, to grant precautionary measures in favor of Mariano Javier Oteiza Hernández in Argentina, in the belief that he faces a serious, urgent risk of suffering irreparable harm to his rights to life, personal integrity, and health.

According to the request for these precautionary measures, the beneficiary—who is deprived of liberty—risks suffering the amputation of his left leg, allegedly as a result of a persistent lack of access to timely and adequate medical care. The State said that the beneficiary's infection appeared to be improving, that he was able to move using crutches, and that he was getting constant care and support.

After assessing the legal and factual allegations put forward by the parties, the IACHR found that the beneficiary continued to suffer medical problems for lack of adequate medical care. The beneficiary himself noted his lack of regular access to medication, which allegedly worsened his condition.

The IACHR was informed that the beneficiary continued to perform wound care himself and that he had no access to the antibiotics and painkillers he required or to medical supplies and appointments or appropriate food. The IACHR was further informed that, despite various court decisions in favor of the beneficiary, asking that he be provided with adequate medical care to treat his condition, he was yet to receive the treatment he needs, which prolonged the health risks he faces.

Given these circumstances, the IACHR considers that Oteiza Hernández faces serious, urgent risks. Consequently, in keeping with Article 25 of its Rules of Procedure, the IACHR asked the State of Argentina to take the following action:

1. Adopt any measures necessary to protect the beneficiary's rights to life, personal integrity, and health (particularly by providing the medical care he has been prescribed, in a timely and adequate manner, and by enabling all necessary medical appointments)
2. Come to an agreement with the beneficiary and his representative concerning any measures that need to be taken
3. Report on any actions adopted to investigate the alleged events that gave rise to the adoption of these precautionary measures, in order to prevent such events from happening again in the future

The fact that these precautionary measures have been granted and their adoption by the State of Argentina do not entail a prejudgment on a potential petition that may be filed before the inter-American system to allege violations of rights protected by the applicable instruments.

The 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. 187/25

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