IACHR publishes merits report on violation of judicial guarantees and judicial protection in Argentina

November 11, 2025

Washington, DC—The Inter-American Commission on Human Rights (IACHR) has published Merits Report No. 110/25 regarding Case 12.935, which concerns the international responsibility of the State of Argentina for contradictory judicial decisions that prevented access to effective reparation in connection with the death of Ricardo Oswaldo Améndola.

The case was brought before the IACHR in December 2000 and concerns the murder of Ricardo Oswaldo Améndola by Federal Police agents in 1989, who were prosecuted in 1995. In 1996, Ricardo Oswaldo Améndola’s wife, Hebe Sánchez de Améndola, filed a civil lawsuit against the State, which was dismissed on the grounds of the statute of limitations. The Supreme Court later upheld this decision. The family argued before the IACHR that his ruling denied them effective access to justice.

In its merits report, the IACHR concluded that the State of Argentina violated the right to judicial guarantees and protection of Hebe Sánchez de Améndola and her daughters by declaring their civil claim to be time-barred without taking the seriousness of the case or the existing legal confusion into account. At the time, domestic law was unclear as to whether the criminal proceedings in question suspended the limitation period for filing a civil claim. This lack of clarity led to contradictory judicial decisions that denied the family access to effective reparation for Améndola’s death.

In view of the above, the IACHR concluded that the State of Argentina was responsible for violating the rights to judicial guarantees and judicial protection enshrined in articles 8.1 and 25.1 of the American Convention in relation to the obligations established in articles 1.1.

The IACHR recommended that the State provide comprehensive reparation to Hebe Sánchez de Améndola and her daughters; ensure an effective judicial remedy that allows them to pursue their claims and obtain a ruling on compensation for Ricardo Oswaldo Améndola’s death; and adopt legislative and other measures necessary to guarantee that victims have effective access to judicial and compensation mechanisms against the State.

In response, the parties signed a Compliance Agreement, in which they agreed to establish an ad hoc tribunal to determine the amount and form of monetary reparations to be awarded. In view of this, the IACHR decided not to refer the case to the Inter-American Court of Human Rights and proceeded to publish the Merits Report.

The IACHR welcomes the establishment of the ad hoc tribunal by the Argentinian State. However, it also notes that none of its three recommendations have yet been implemented, as no information has been provided indicating that the tribunal has defined the compensation the victims will receive or delivered this. Likewise, the State has not taken effective measures to establish an appropriate judicial remedy, conduct public awareness and outreach efforts, or implement the recommended legal reforms. Consequently, the IACHR will continue to closely monitor compliance with the case.

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. 226/25

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