IACHR brings case against Argentina before IA Court concerning violations of the right to appeal a criminal conviction

September 25, 2025

Washington, DC—On August 9, 2025, the Inter-American Commission on Human Rights (IACHR) filed an application with the Inter-American Court of Human Rights (IA Court) over case 12.905 against Argentina, concerning violations of Pablo Rafael Galván's right to appeal his criminal conviction and to personal liberty during criminal proceedings.

The petition, received on December 3, 2001, concerned Pablo Rafael Galván's detention in 1996 on homicide charges and his conviction in 1998 to 18 years and 6 months in prison. His defense appealed the conviction, arguing that he had acted in self-defense, but the courts rejected the appeals on procedural grounds without examining the merits. Pablo Rafael Galván remained in prison until 2008, when he was released after demonstrating that he had already served his full sentence through pretrial detention credits. In October that year, while still in custody, he was injured by rubber pellets fired during a prison operation.

In its Merits Report No. 263/21, the IACHR noted that the Court of Criminal Cassation had dismissed Pablo Rafael Galván's appeal because it did not include a copy of the notice of intent to appeal. However, it also observed that the applicable procedural law did not specify this requirement, so the dismissal amounted to a formality lacking legal grounds. As a result, Pablo Rafael Galván was denied a review of his defense arguments by a higher court.

The IACHR further observed that, even if his appeal had been admitted, the law of the Province of Buenos Aires at the time only allowed reviews of rulings in specific circumstances, such as errors in the application of the law or the emergence of new evidence. This limitation meant that the facts of the case could not be reexamined, nor could the evidence be reevaluated. The IACHR also pointed out that Argentina had not yet established the so-called Casal doctrine, which subsequently expanded the possible grounds for review in criminal appeals. Consequently, the legal framework in place failed to guarantee an effective remedy against the conviction.

On the issue of personal freedom, the IACHR underlined that Pablo Rafael Galván remained in detention from July to December 2008 despite having already served his sentence once his pretrial detention credits had been contemplated. The habeas corpus petition filed in July 2008 was not ruled on until December, rendering it ineffective for protecting his rights. During this period of unlawful detention, he was injured by rubber pellets fired as part of a prison operation. In the IACHR's view, these injuries and the suffering endured by his wife and children were the direct result of his unlawful imprisonment.

Based on these findings, the IACHR concluded that Argentina is responsible for violating the rights to appeal a conviction, to personal freedom, to personal integrity, and to judicial protection established in articles 8.2(h), 7.1, 7.6, 5, and 25 of the American Convention on Human Rights, in relation to articles 1.1 and 2, to the detriment of Pablo Rafael Galván. It also found that Argentina violated the right to personal integrity enshrined in article 5.1, to the detriment of his family members.

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

1. Provide full reparation for the violations listed above, including financial compensation and measures of satisfaction for material and moral damages.
2. Ensure that Pablo Rafael Galván is granted a criminal proceeding with full due process, such that he can file an appeal that allows for a thorough review of his conviction, as established under article 8.2.h of the American Convention.
3. Bring the legislation on cassation into compliance with inter-American standards and, in the meantime, ensure that judges apply conventionality control when ruling on appeals of criminal convictions.
4. Guarantee that habeas corpus petitions are resolved swiftly and effectively by establishing maximum time limits and training judges on the importance of timely rulings.
5. Implement ongoing training programs for judicial personnel on the swift handling of habeas corpus petitions and their role in safeguarding freedom and personal integrity.

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. 195/25

10:10 AM