REPORT No. 98/17 CASE 12.925 REPORT ON MERITS OSCAR RAÚL GORIGOITIA ARGENTINA SEPTEMBER 5, 2017 I. SUMMARY 1. On January 19, 1999, the Inter-American Commission on Human Rights (hereinafter “the Commission,” “the Inter-American Commission,” or “the IACHR”) received a petition filed by Carlos Varela Álvarez and Alejandro Acosta (hereinafter “the petitioner”) alleging the responsibility of the Argentine Republic (hereinafter “State of Argentina,” “Argentina,” or “the State”) for the absence of an ordinary appeal that would permit a comprehensive review of the conviction of Oscar Raúl Gorigoitia in the framework of a criminal proceeding in the province of Mendoza, Argentina. 2. The State alleged that it does not bear any international responsibility because Mr. Gorigoitia’s conviction was carried out in line with the provisions of the domestic legal regulatory framework and international standards. It contended that his right to defend himself was guaranteed and he was allowed to file appeals to challenge the conviction. It explained that these appeals were ruled inadmissible because they did not meet the “required procedural formalities.” 3. After reviewing the position of the parties, the Commission concluded that the State of Argentina is responsible for the violation of the rights to a fair trial and to judicial protection, as set forth in Articles 8.2 h) and 25.1 of the American Convention, in connection with the obligations established in Articles 1.1 and 2 thereof, to the detriment of Oscar Raúl Gorigoitia. The Commission made the corresponding recommendations. II. PROCEDURES BEFORE THE COMMISSION 4. The IACHR received the initial petition on January 19, 1999. The proceedings, from submittal of the petition up to the ruling on the case’s admissibility, are explained in detail in Admissibility Report 35/13, adopted on July 11, 2013.1 5. On September 6, 2013, the Commission notified said report to the parties and indicated its availability to reach a friendly settlement. On August 2, 2016, the petitioner submitted its observations on the merits. On August 10, 2016, the IACHR forwarded the observations to the State and granted it a statutory deadline of four months to submit its observations. On December 16, 2016, the State requested the Commission a first extension of the deadline for submitting its observations, which was granted on December 21, 2016. On February 17, 2017 Argentina requested the IACHR to grant a second extension, which was turned down on February 21, 2017, in keeping with the provisions of Article 37.2 of IACHR’s Rules of Procedure. At the time of the adoption of the present report, the State had not submitted its observations on the merits of the case III. ALLEGATIONS OF THE PARTIES A. Allegations of the petitioner 6. The petitioner alleged that the State was responsible for violating the right of Oscar Raúl Gorigoitia to appeal the guilty verdict that convicted him in 1997 for the crime of manslaughter. It reported 1 IACHR. Report on Admissibility No. 35/13. Case 12.925. Posadas et al. v. Argentina. July 11, 2013. 1