IACHR takes to Inter-American Court case concerning Argentina about violations of the right to appeal a court decision

December 30, 2025

Washington, DC—The Inter-American Commission on Human Rights (IACHR) filed an application before the Inter-American Court of Human Rights on October 17, 2025, in Case 13,448, with regard to Argentina. The case concerns violations of Hugo Loris Mantovani’s right to appeal a criminal conviction issued by a court in the city of Buenos Aires.

The original petition—taken to the IACHR in March 2004—noted that, on April 4, 2002, Criminal Trial Court 25 had handed Mantovani a 10-month suspended prison sentence for fraud and required that he pay the applicable legal fees. The court had found Mantovani guilty of fraud with regard to the firm Food Shop S.A., noting that he had signed six promissory notes without supporting accounting records or legitimate cause. The conviction was based on evidence including documentation, expert opinions, and Food Shop S.A. employee testimonies.

Mantovani’s defense filed an appeal on points of law concerning the trial court’s decision, arguing that the court had provided insufficient grounds and violated Mantovani’s right to appeal the conviction. The defense also argued that the promissory notes had been issued as payment for work that had in fact been done, and that there was proof of that contractual relationship.

The trial court dismissed the appeal, arguing that the defense simply disagreed with the court’s assessment of the evidence. Later appeals were deemed inadmissible, which prevented Mantovani from having access to a full review of his conviction.

In Report 149/23, the IACHR noted that proceedings had been conducted under the Code of Criminal Procedure that was in place in 2002, before precedent in the Casal case expanded the options for review of appeals on points of law. No legal reforms were introduced to retroactively implement these procedural improvements. This means that the legislation in place at the time prevented Mantovani from having access to an appeal that would have enabled a complete review of his conviction, which violated his rights to appeal the decision and to judicial protection.

The IACHR found that the State of Argentina was liable for violations of rights held in Articles 8.2.h and 25.1 of the American Convention, in keeping with the obligations held in Articles 1.1 and 2 of that instrument. The IACHR considered that the State had restricted Mantovani’s rights to effective judicial review and judicial protection following the trial court decision.

The IACHR therefore asked the Inter-American Court of Human Rights to demand that the State take the following measures:

1. Provide comprehensive reparations for all rights violations mentioned in the report, both material and immaterial
2. Ensure that Mantovani has access to criminal law proceedings with adequate judicial guarantees, including the option of filing an appeal that enables a broad review of the court’s decision, in compliance with Article 8.2.h of the American Convention
3. Adopt all legislative reforms required to adapt domestic legislation concerning appeals on points of law to the applicable standards held in the American Convention, and ensure that judicial authorities conduct conventionality checks when resolving conviction appeals

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. 288/25

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