VI.
CONCLUSIONS AND RECOMMENDATIONS
73.
The Commission concludes that the State of Argentina is responsible for violating the rights
to appeal the judgment and to judicial protection as enshrined in Article 8.2 h) and Article 25.1 of the
American Convention in connection with the obligations set forth in Articles 1.1 and 2 thereof, to the
detriment of Oscar Raúl Gorigoitia.
74.
By virtue of the conclusions above,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
RECOMMENDS THAT THE STATE OF ARGENTINA
1.
Order the measures needed for Mr. Gorigoitia, if he wishes, to file an appeal whereby he can
obtain a broad review of the judgment of conviction, pursuant to Article 8.2 h) of the American Convention.
2.
Provide comprehensive reparations for the violations declared in the present report, including
tangible or intangible damages.
3.
Order the legislative measures needed to adjust domestic law regarding cassation appeals to
the standards set forth in the present report on the right enshrined in Article 8.2 h) of the American Convention.
Furthermore, apart from the adjustment of the regulatory framework, ensure that judicial authorities exercise
control over the enforcement of conventions when ruling on appeals against judgments of conviction in line
with the standards set forth in the present report.
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