3
5.
The petition further states that "among the participants in said confrontation were some
members of the MTP, mainly leaders of the movement," who were arrested and later sentenced
for the commission of several offenses.
6.
According to the Commission's petition, on May 19, 1989, four months after his
participation in the demonstration, Mr. Maqueda was arrested. On June 11, 1990 the San Martin
Federal Chamber sentenced him to ten (10) years of imprisonment pursuant to
Law 23.077, passed on August 9, 1984, known as the Law for the Defence of Democracy —a
copy of the law (sic) is provided as evidence—. Said law (sic) creates a special criminal
procedure for cases involving acts of violence whose purpose is to make an attempt against
constitutional order and democratic life.
The San Martin Federal Chamber sentenced Guillermo Maqueda as:
a)
an accomplice in the crime of qualified unlawful assembly, and
b)
an accessory in the offenses of rebellion, illegal seizure, aggravated robbery, aggravated
unlawful imprisonment, consummated and attempted doubly aggravated homicides, and serious and
minor damages.
Mr. Maqueda's representatives lodged a special appeal that was rejected by the San Martin
Federal Chamber of Appeals on October 25, 1990. In view of such denial, they lodged a complaint
appeal for rejection of the special appeal with the Supreme Court of the Nation which was also
rejected on March 17, 1992, thereby exhausting all existing procedural possibilities provided for in
the internal jurisdiction.
According to the Inter-American Commission, Guillermo Maqueda
did not have the possibility to lodge a remedy for review of the judgment, since Law 23.077 does not
provide for the possibility of any appeal or broad remedy before any higher court whatsoever.
Therefore, the only alternative for the accused was to appeal before the Supreme Court by means of a
special appeal, which is of an exceptional type and subject to restrictions.
7.
On September 15, 1992 the Inter-American Commission received Guillermo Maqueda's
complaint against Argentina. It was presented by his parents, Ernesto Maqueda and Licia M.
Quiroga-de-Maqueda, Human Rights Watch/Americas and the Center for Justice and International
Law (CEJIL). The petition alleged
that the sentencing of Mr. Maqueda to ten (10) years of imprisonment for his alleged involvement in the
January 23, 1989 attack of the 3rd Motorized Infantry Regiment of La Tablada, in the Province of
Buenos Aires, violated his human rights as recognized in the American Convention, particularly in
Articles 2, 8 and 25 in relationship to Article 1(1).
8.
On February 24, 1994, due to the absence of a friendly settlement between the parties,
the Commission delivered Report Nº 17/94 to the Government, which was approved on February
9 of that same year, with its conclusions and recommendations. The Commission resolved that, if
upon conclusion of the 60-day term, the Government did not correct the violations "of Guillermo
Maqueda's human rights it would submit the case to the Court for consideration." At the request
of the Government, the Commission agreed to grant an extension of 20 days to inform about the
measures adopted in relationship to the Report.