REPORT No. 73/17
CASE 12.984
MERITS
RAÚL ROLANDO ROMERO FERIS
ARGENTINA
JULY 5, 2017

I.

SUMMARY

1.
On 24 August 2001, the Inter-American Commission on Human Rights (hereinafter "the
Commission", "the Inter-American Commission" or "the IACHR") received a petition lodged by Mariano Cuneo
Libarona, Cristian Cuneo Libarona, José María Arrieta and Jorge Eduardo Alcántara1 (hereinafter "the
petitioner"). The petition alleged the international responsibility of the Republic of Argentina (hereinafter
"the State", "the Argentine State" or "Argentina") for violations of personal liberty and due process in the
context of criminal proceedings which began in 1999 against Raúl Rolando Romero Feris, (hereinafter the
"alleged victim"), in the Province of Corrientes.
2.
The State indicated that it bares no international responsibility in the present case, because
the violations alleged by the petitioner were duly analyzed by the domestic judicial authorities. The State
added that the criminal process against Mr. Romero was conducted in accordance with due process and
disagreement with judicial decisions does not imply a violation of the rights alleged.
3.
After analyzing the available information, the Commission concluded that the Argentine
State is responsible for violating the rights to personal liberty, judicial guarantees and judicial protection
established in Articles 7.1, 7.2, 7.3, 7.5, 7.6, 8.1, 8.2 and 25.1 of the American Convention, in relation to the
obligations established in Article 1.1 of the same instrument to the detriment of Raúl Rolando Romero Feris.
II.

PROCEEDINGS BEFORE THE COMMISSION

4.
The proceedings of the case during the admissibility stage are detailed in Admissibility
Report No. 4/15 of January 29, 2015. 2
5.
On February 4, 2015, the Commission notified the parties of the Admissibility Report. The
IACHR also made itself available to the parties for a possible friendly settlement. On July 15, 2015, the
petitioner expressed no interest in initiating a friendly settlement and requested that the substantive report
be issued. The petitioner also reiterated the substantive allegations presented at the admissibility stage. On
November 3, 2015, the IACHR sent the petitioner's communication to the State and granted the time limit
established in the rules for submitting its observations on the merits. At the time of adoption of this report,
the State has not submitted its observations on the merits.
III.

POSITION OF THE PARTIES

A.

Position of the petitioner

6.
The petitioner alleged that the State is internationally responsible for prolonged preventive
detention, lack of independence and impartiality and a lack of access to justice in the criminal proceedings
begun in 1999 against Raúl Rolando Romero Feris, in the Province of Corrientes, for the offenses of
fraudulent administration, unlawful enrichment, embezzlement, abuse of authority, fraud, and the
embezzlement of public funds. The petitioner alleged that the charges were politically motived in the context
of the so-called "federal intervention" during 1999 when a party in opposition to his own was elected in
1

Subsequently Luis Alberto Feris became the sole petitioner.

2

IACHR, Report No. 4/15, Petition 582-01, Admissibility, Raúl Rolando Romero Feris, Argentina, January 29, 2015.

1

Select target paragraph3