IACHR issues merits report in case concerning Julio César Rito de los Santos and others, with regard to Argentina

June 4, 2025

Washington, DC—The Inter-American Commission on Human Rights (IACHR) issued Merits Report No. 45/25, regarding Case 13,055. This case concerns the responsibility of the State of Argentina for the human rights violations suffered by Julio César Rito de los Santos, Hugo Daniel Ferreira, and Nicasio Washington Romero Ubal in the context of political persecution in the country in the 1970s, as well as for the difficulties the three men encountered in their search for redress.

The petition, which the IACHR received on May 11, 2007, mentions human rights violations suffered by the three Uruguayans, who went into exile in Argentina following the 1973 coup in Uruguay. While they were in Argentina, the three men suffered repression, unlawful imprisonment, torture, and ideological persecution. In 1974, Rito de los Santos and Ferreira were arrested with around 100 other individuals during a political rally in Buenos Aires. After they were released, they went into hiding amid threats of being arrested again and sent back to Uruguay. In 1975, under the auspices of the Office of the United Nations High Commissioner for Refugees (UNHCR), both were granted asylum by Sweden. Along similar lines, Romero Ubal was arrested in 1974, tortured, and held incommunicado, but he too was able to leave Argentina, under the protection of the UNHCR.

The victims sought financial compensation for the abuse they had suffered, but their requests were rejected by Argentine authorities, because they allegedly did not meet the eligibility criteria set in Act 24,043 for financial compensation for victims of political persecution in the country during the 1974 period when martial law was in force. The three men submitted proof of their refugee status and of the persecution they had suffered, but their requests were rejected.

In Merits Report No. 139/21, the IACHR stressed that the victims had been subjected to unlawful imprisonment, because they had not had access to a fair trial. The three Uruguayans were not granted adequate procedural safeguards, including notification of the charges against them, the right to appeal, and the right to timely judicial review. The IACHR also noted the torture suffered by Romero Ubal and the physical and psychological impact that threats and harassment had had on all three men. The IACHR further highlighted the need to protect the right to freedom of assembly and noted that any restrictions of this right must be based on legislation and must be both legitimate and necessary.

The IACHR found that decisions made by Argentina's National Immigration Office ordering the expulsions of both Rito de los Santos and Ferreira failed to respect minimum procedural safeguards. The two men were not informed of the procedure and were not allowed to take part in proceedings, which violated international principles of justice and human rights.

Concerning the legal remedies sought by the victims, the IACHR acknowledged the efforts made by the State of Argentina to adopt a redress scheme. However, the Commission stressed that any such scheme needed to reflect the applicable international standards, to ensure that victims have access to adequate appeals and redress that are objective, reasonable, and effective.

The IACHR found that the three Uruguayan nationals had not had access to effective judicial remedies. Their demands had been rejected without adequate analysis of their allegations of rights violations, and they had been prevented from submitting essential evidence. The IACHR also noted that, while Argentine jurisprudence had admitted forced exile as a restriction on liberty, that interpretation had not been applied in this case, which implied a denial of justice and showed unequal treatment. The situation was particularly serious considering that the three men were political refugees who were expelled from Argentina with no regard for the principle of non-refoulement.

In Merits Report No. 139/21, the IACHR concluded that the State of Argentina was liable for violations of the rights to adequate justification (Article 8.1) and to judicial protection (Article 25.1) held in the American Convention, concerning equality before the law (Article 24) and Article 1.1, with regard to the victims. The IACHR also found that the State had violated Articles I, VIII, XVIII, XXI, XXV, and XXVI of the American Declaration of the Rights and Duties of Man.

After the Merits Report was issued, the State said that it had issued three Ministry of Justice resolutions on April 21, 2022, to grant the three victims the benefits held in Act 24,043 and in complementary and extension legislation. The three men were later granted those benefits. The State further noted that, in keeping with Act 24,043, the victims would be eligible to receive discretionary pensions for individuals who were deprived of liberty for political reasons, based on Act 26,913. This benefit was granted to Romero and Rito de los Santos, but

Ferreira was yet to be granted that benefit when Report No. 45/25 was approved. Also, the three men were yet to receive the benefits they should have been granted for the injuries they had suffered. In its report, the IACHR noted that, despite initial progress and despite the fact that substantial time had passed, the State had failed to fully comply with IACHR recommendations. The Commission therefore urged the State of Argentina to persist in its efforts to ensure effective redress.

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. 113/25

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