IACHR submits case against Argentina to Inter-American Court over failure to investigate the death of Marcelo Fabián Nievas

May 2, 2025

Washington, DC—On April 18, 2025, the Inter-American Commission on Human Rights (IACHR) referred the case of Marcelo Fabián Nievas v. Argentina (case 12.928) to the Inter-American Court of Human Rights (IA Court). The case concerns the Argentinian State's failure to effectively investigate, prosecute, and punish those responsible for the injuries that led to the death of Marcelo Fabián Nievas and was first filed with the IACHR on July 21, 2000.

The 17-year-old Marcelo Fabián Nievas was found gravely injured by a Federal Police officer in Caseros, Buenos Aires, after being assaulted by three armed men. He died in hospital six days later. His father initiated legal proceedings related to both the assault and alleged medical negligence. Despite the existence of possible leads, the case was provisionally closed in March 1982 due to a lack of conclusive evidence. The prosecutor and the victim's family appealed, arguing that steps in the investigation remained outstanding.

In 1993, the case was reopened in response to a letter from a prisoner claiming to be an eyewitness. The witness stated that two men had shot Marcelo and left him in the street with the assistance of a third man. However, the witness refused to testify under oath, and his account could not be corroborated, so the case was closed again that same year—a decision that was later upheld.

In its merits report, the IACHR concluded that Argentina's justice system failed to act with due diligence or within a reasonable timeframe. Although Nievas was only 17 at the time of these events, the State did not take into account the fact that he was a minor during the criminal process. No juvenile court advisor was informed or involved in any stage of the case—not even in the decision to close it in 1993. The fact that more than four decades have passed without a conclusive outcome constitutes a violation of the right to timely justice.

The IACHR also identified critical shortcomings in the investigation, such as a failure to conduct basic forensic actions such as ballistic testing, weapon analysis, testing of the victim's clothing, or witness confrontation. Authorities also failed to investigate the vehicle involved or examine the financial records of those involved. Consequently, the IACHR concluded that the State did not fulfill its duty to investigate with due diligence.

Based on these findings, the IACHR found that the Argentinian State was responsible for violating the following fundamental rights: the rights of the child, the right to judicial protection, the right to judicial guarantees, and the right to personal integrity. These rights are enshrined in article VII of the American Declaration and articles 5.1 (personal integrity), 8.1 (judicial guarantees), 19 (rights of the child), and 25.1 (judicial protection) of the American Convention on Human Rights, in relation to the obligations set forth in article 1.1 of the same instrument, to the detriment of Marcelo Fabián Nievas, and his parents, Julio Roberto Nievas and Rosalía González de Nievas.

Consequently, the IACHR asked the IA Court to order the State to undertake the following measures of reparation:

1. Provide material and moral redress for the human rights violations listed above, including financial compensation and other measures of reparation for the victim's family.
2. Guarantee access to mental health care for Julio Roberto Nievas and Rosalía González de Nievas if they so choose.
3. Take the necessary steps to investigate the shooting and robbery of Marcelo Nievas and, where appropriate, prosecute and sanction those responsible for masterminding and perpetrating the crime.

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. 087/25

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