IACHR files case before IACHR Court on Argentina's international responsibility for the delay in the legal protection action concerning the remuneration of a judge

October 5, 2021

Washington, D.C. - On September 21, 2021, the Inter-American Commission on Human Rights (IACHR) filed the case of Héctor Hugo Boleso regarding Argentina before the Inter-American Court of Human Rights. The case refers to the international responsibility of the State for the delay in the decision of a legal protection action relating to the remuneration of Boleso, who at the time was a labor judge of the Province of Corrientes.

Mr. Héctor Hugo Boleso filed in 19191 a legal protection action on the grounds that his right to the intangibility of his remuneration, a constitutionally recognized right, had been violated. He was able to collect his remuneration after 21 years from the date he filed his initial claim, which was followed by several appeals. In this regard, the Merits Report highlighted the importance of the guarantee of reasonable time in proceedings related to judges' remuneration, considering the relationship between adequate remuneration, the conditions of service and the independence required for judges actions.

The Commission considered that the State did not provide sufficient reasons to justify a delay of such magnitude in a process that, by nature, should be expeditious, considering the importance of guaranteeing adequate remuneration for judges.

Based on these findings, the Commission concluded that the Argentine State violated the guarantee of reasonable time to effectively enforce Mr. Boleso's rights and is therefore responsible for the violation of the rights to judicial protection and judicial guarantees recognized in Articles 8(1) and 25(1) of the American Convention, in relation to the obligations established in its article 1(1).

In its Merits Report, the Commission recommended the State:

1. Pay specific compensation for the violation of the guarantee of reasonable time.  The amount shall consider the economic damages that Mr. Boleso demonstrates were caused because of the delay in the judicial process.
2. Adopt the necessary measures to ensure the non-repetition of the violation declared in the report. In particular, the State should adopt administrative or other measures to ensure that the judicial proceedings directly related to possible disputes regarding the remuneration of judges are resolved in a timely manner and within a reasonable period, taking into account the independence required in the exercise of their duties.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate derives from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote the observance and defense of human rights in the region and acts as a consultative body to the OAS in this area. The IACHR is composed 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.

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. 262/21

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