I
INTRODUCTION OF THE CASE AND CAUSE OF ACTION
1.
The case submitted to the Court. On September 21, 2021, the Inter-American
Commission on Human Rights (hereinafter "the Commission"), submitted the case of Héctor
Hugo Boleso v. the Republic of Argentina (hereinafter "the State" or "Argentina") to the InterAmerican Court. According to the Commission, the case involves the alleged violations of the
American Convention, which were committed due to the delay in the processing of a writ of
amparo related to the remuneration of Mr. Boleso, who worked as a labor judge in the
province of Corrientes. In the Commission's opinion, the delay of more than 21 years in
processing the judicial remedy violated the guarantee of reasonable time and amounted to a
violation of Mr. Boleso's rights to judicial protection and judicial guarantees.
2.
Procedure before the Commission. The procedure before the Commission was as
follows:
a. Petition. - On May 6, 1997, Mr. Héctor Hugo Boleso filed a petition with the InterAmerican Commission.
b. Admissibility Report. - On September 24, 1998, the Commission declared the case
admissible by means of Report No. 39/98. The Admissibility Report was notified to
the parties on October 14, 1998.
c. Merits Report. - On September 10, 2020, the Commission approved Merits Report
No. 245/20, in accordance with Article 50 of the Convention (hereinafter also “the
Merits Report” or “Report 245/20”).
d. Notification to the State. The Report on the Merits was notified to the State in a
communication dated December 21, 2020, giving it two months to report on
compliance with the recommendations. At the end of that period, the Commission
granted two extensions to the State. On September 7, 2021, the State requested
a third extension, which was not granted. The Commission found that nine months
following notification of the Merits Report, the State had not reported on the
adoption of concrete and appropriate actions aimed at complying with the
recommendations.
3.
Submission to the Court. On September 21, 2021 the Commission submitted the facts
and human rights violations described in the Merits Report to the jurisdiction of the InterAmerican Court, in view of "the need for justice and reparation for the [alleged] victim." 1
4.
Requests of the Inter-American Commission. The Commission asked the Court to find
and declare the State responsible for the violation of the rights to judicial protection and
judicial guarantees, recognized in Articles 8(1) and 25(1) of the American Convention, read
in conjunction with the obligations established in Article 1(1) of the same instrument, to the
detriment of Héctor Hugo Boleso. This Court notes with concern that more than 24 years have
elapsed between the presentation of the initial petition before the Commission and the
submission of this case to the Court.
1
The Commission appointed Commissioner Julissa Mantilla Falcón as its delegate. It also appointed Marisol
Blanchard and Jorge Meza Flores as legal advisor and counsel.
3