IACHR publishes friendly settlement agreement on case concerning the failure to investigate the death of Octavio Romero in Argentina

December 12, 2024

Washington, DC – The Inter-American Commission on Human Rights (IACHR) has decided to approve the friendly settlement agreement concerning Case 13,696—Octavio Romero and Gabriel Gersbach, Argentina—and to publish approval report 31/24.

This case concerns the international responsibility of the Argentine State for the failure to investigate the killing of Octavio Romero, an officer of Argentina’s Coast Guard, due to his sexual orientation. Romero was last seen alive on June 11, 2011, and was found dead on June 17, 2011.

The parties signed on September 7, 2022, a friendly settlement agreement where the State acknowledged its international responsibility for violations of Romero’s rights to judicial guarantees and judicial protection (Articles 8 and 25 of the American Convention on Human Rights) and of his right to due diligence to prevent, investigate, and impose penalties for violence against women (Article 7.b. of the Belém do Pará Convention). The State further acknowledged its international responsibility for a violation of the right to personal integrity (Article 5 of the American Convention) of Romero’s partner, Gabriel Gersbach.

The State committed to implementing the following redress measures:

1) Publishing the agreement in various websites managed by the national State and publishing a press release in a national newspaper

2) Investigating events linked to Romero’s death

3) Changing the title of Resolution 548/2011, issued by Argentina’s Security Ministry

4) Conducting awareness-raising campaigns and holding a tribute and including this case in the National Plan against Discrimination; producing a documentary about sexual diversity in law enforcement agencies; and making a mural in Romero’s memory

7) Creating a protocol to address complaints for discrimination based on sexual orientation, gender identity, gender expression, and/or sexual characteristics

8) Developing a training program and various awareness-raising workshops

9) Distributing a booklet about diversity in law-enforcement agencies

10) Improving access to justice for LGBTIQ+ persons who suffer gender-based violence

11) Drafting a document with general guidelines to address transvesticides, transfemicides, transhomicides, and homicides linked to prejudice or discrimination based on sexual orientation, gender identity, gender expression, and/or sexual characteristics

12) Paying financial compensation

The IACHR approved the provisos held in this agreement and commended the State on its acknowledgment of responsibility and its full compliance with measures linked changing the title of Resolution 548/2011; producing the documentary La imperdonable alegría: el caso de Octavio Romero (Unforgiveable joy: the case of Octavio Romero); developing a protocol, and distributing a booklet about sexual diversity in law enforcement agencies.

The IACHR noted that partial compliance had been achieved in measures linked to acknowledging international responsibility and publicizing the friendly settlement agreement; investigating these events; conducting an awareness-raising campaign and a tribute, and including this case in the National Plan against Discrimination; developing a training program and workshops; and improving access to justice and drafting guidelines to address killings. The IACHR said that compliance with all other commitments held in the agreement remained pending, so it would continue to monitor the agreement until full implementation had been verified.

The IACHR commends both parties on their efforts while negotiating this friendly settlement agreement, which turned out to be compatible with the Convention’s aims and purposes. The IACHR commends the Argentine State on its efforts to develop a public policy concerning friendly settlements and alternative conflict-resolution. The Commission congratulates the petitioning party for all its efforts to take part in negotiations and to seek implementation of this agreement.

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. 317/24

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