IACHR files application before Inter-American Court in case concerning violations of the rights to a fair trial and to personal liberty in Argentina

February 6, 2025

Washington, DC – The Inter-American Commission on Human Rights (IACHR) filed on January 14, 2025, an application before the Inter-American Court of Human Rights in Case 13.063, with regard to Argentina. This case concerns violations of Marcelo Néstor Pancia's rights to a fair trial and to personal liberty.

On February 3, 1997, Pancia was arrested on the street by the provincial police in the Argentine province of Córdoba, following a complaint alleging that he had stolen a car. That same day, a judge ordered his arrest, under the suspicion that he had been involved in that crime. Later, criminal proceedings were launched, he was interrogated, and he was subjected to pretrial detention as an alleged co-perpetrator of the crime.

In April 1998, Pancia was sentenced to 5 years and 2 months in prison for aggravated larceny. In May 1998, he appealed, but his appeal was rejected. In October 1998, he filed a special appeal, which was also rejected. Finally, in October 2001, Argentina's Supreme Court of Justice dismissed his last appeal, which exhausted the available remedies.

In Admissibility and Merits Report 275/22, the IACHR concluded that the use of pretrial detention for the period March 1997–April 1998 had not been adequately justified in Pancia's case, since it was only based on the crime he was being accused of rather than on any specific procedural risks. According to the IACHR, this entailed a violation of Pancia's rights to personal liberty and showed that Argentina's legislation is not in line with the standards held in the American Convention.

The IACHR further noted irregularities in how evidence was handled, particularly in ballistic tests in which Pancia was not allowed to take part despite the fact that his defense strategy had been based on the argument that the weapon involved in the case was not operational. The IACHR also stressed that judges had failed to correct issues linked to the legal advice provided by his public defender, who had failed to adequately defend his interests leaving effectively defenseless.

Last, the normative restrictions implicit in Article 468 of Argentina's Code of Criminal Procedure and judicial proceedings had inappropriately restricted Pancia's right to appeal the conviction, which had violated his right to judicial guarantees.

The IACHR found that the Argentine State was responsible for violations of the rights held in Articles 7.1, 7.3, 8.2.h, and 25 of the American Convention on Human Rights, concerning the obligations held in Articles 1.1 and 2 of the Convention. The IACHR also found that the State was responsible for violations of the rights held in Articles 8.2.c, 8.2.e, and 8.2.f of the American Convention, concerning the obligations held in Article 1.1 of the same instrument.

The IACHR therefore asked the Inter-American Court of Human Rights to demand that the State take the following redress measures:

1. Provide comprehensive reparations—both material and immaterial—for all rights violations mentioned in the report
2. Ensure that Marcelo Néstor Pancia has access to criminal proceedings with adequate judicial guarantees, including the chance to appeal his conviction in keeping with Article 8.2.h of the American Convention
3. Reform the public defender system in Córdoba to make it more effective, with ongoing training about international human rights standards, due process, and the right to a defense

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. 035/25

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