IACHR publishes merits report on the case of Ramón Nicolás Guarino in Argentina

April 24, 2025

Washington, DC—The Inter-American Commission on Human Rights (IACHR) has published Admissibility and Merits Report No. 17/25 on Case 12.704 concerning the State of Argentina's responsibility for violating Ramón Nicolás Guarino's rights to judicial guarantees, judicial protection, and personal freedom.

In 1995, Mr. Guarino was sentenced to four years and six months in prison, a sentence deemed complete in 1996, as he had been held in pretrial detention since 1993. However, in 1996, he was convicted again, and in 1997, the court consolidated the two sentences, imposing a single term of seven years and six months.

After reviewing the petition, the IACHR found that the State of Argentina violated Mr. Guarino's rights to judicial guarantees, judicial protection, and personal freedom by handing down a single sentence that included a prison term he had already served. This decision was made without taking into account an official court document certifying that one of the sentences had already been completed. As a result, Mr. Guarino was subjected to arbitrary detention in breach of inter-American human rights standards.

The IACHR also noted that Mr. Guarino filed multiple legal appeals to challenge the consolidation of his sentences and question the legality of his detention. However, the judicial authorities dismissed these requests on procedural grounds without addressing the substance of his arguments. They did not justify their decisions appropriately and failed to respond to key arguments, such as the document certifying that he had already served part of his sentence.

Consequently, the IACHR concluded that although Mr. Guarino's initial detention was lawful, it became arbitrary due to the failure of the judiciary to issue reasoned decisions in line with the standards of the American Convention on Human Rights.

Accordingly, the IACHR found that the State of Argentina violated Mr. Guarino's rights to judicial guarantees, judicial protection, and personal freedom as established in the American Convention on Human Rights. It has recommended full reparation for the violations described in the report, including both material and moral compensation.

The IACHR commended the steps taken by the State to reach a compliance agreement with the petitioner, which included financial and nonfinancial reparations. The measures of satisfaction have been fulfilled, and only the payment of the compensation ordered through arbitration remains pending. In line with its mandate, the IACHR will continue to monitor the State of Argentina's efforts to ensure full reparation to the victim's estate.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up 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.

No. 079/25

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