IACHR Grants Precautionary Measures in Favor of Juan Carlos Hollman, Who Is Deprived of Liberty in Argentina

January 17, 2024

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) issued Resolution 3/2024 on January 12, 2024, to grant precautionary measures in favor of Juan Carlos Hollman in Argentina. The Commission believes that Hollman, who is currently deprived of liberty, is not getting the timely medical care he requires as a cancer patient.

According to the party who requested these precautionary measures, Hollman has not been treated for cancer for more than 23 months, while a surgical procedure he has been prescribed remains pending. Surgery has been delayed due to delays in medical treatment, which have twice caused the results of required medical tests to expire. This surgical procedure is yet to be scheduled. Further, there are delays in the allocation of doctors' appointments and appointments to undergo tests. The party who requested these precautionary measures argued that all these delays endanger the proposed beneficiary's life.

The State said that the authorities in charge have been notified of the proposed beneficiary's condition and that they are taking action. When faced with the relevant medical reports, the State admitted that Hollman "does not have the specific protection due to individuals who are deprived of liberty" and that he has no "access to broad medical care or to specific medical care based on his condition."

The Commission highlighted the State's obligations as a special guarantor of the rights of persons who are deprived of liberty. The IACHR noted that this patient's diagnosis implied that any delays might lead to a seriously worsening condition and even, eventually, to the patient's death.

The IACHR further noted that Hollman had been prescribed surgery on June 21, 2023, but never got a reply concerning when the procedure was going to be conducted. The Commission also found that Hollman had not been provided with timely, adequate medical care based on medical reports concerning his condition. The IACHR therefore found that Hollman's rights to life, personal integrity, and health faced a serious, urgent risk of suffering irreparable harm.

Consequently, in keeping with Article 25 of its Rules of Procedure, the Commission asked the State of Argentina to take the following action:

1. Adopt any measures necessary to protect Juan Carlos Hollman's rights to life, personal integrity, and health (particularly by providing the medical care he has been prescribed, in a timely and adequate manner)
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 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 American Convention on Human Rights and other applicable instruments.

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. 016/24

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