5
The agreement, which was signed in Washington, D.C. on September 20, 1994 between the
Government and the representatives of Guillermo Maqueda, establishes the following:
2. To this effect, the State of Argentina commits to issue a decree of commutation of sentence to reduce
the time that Guillermo Maqueda was sentenced to spend in prison. The commutation decree shall allow
Maqueda to be immediately granted conditional liberty in accordance with Argentine provisions of law.
3. The State commits to execute and publish the respective decree and to provide for the processing of
his release without any further requirement whatsoever neither from the prisoner nor from the
petitioners. The State further commits to instruct that this measure be taken and to implement this
agreement within ten days as of the date of this agreement.
4. The representatives of Guillermo Maqueda commit to petition the IACHR [Commission] to discontinue
the action brought before the Inter-American Court of Human Rights, once the measures provided for in
paragraphs 2 and 3 of the within decree have been complied with and upon the release of the former.
5. The representatives of Guillermo Maqueda commit to petition the Inter-American Court of Human
Rights to approve the homologation of this agreement pursuant to Article 43 of the Rules of Procedure
of the Court.
6. The representatives of Guillermo Maqueda warrant that, if the State of Argentina complies with the
obligations to which it commits by virtue of this agreement, their party shall expressly renounce all
claims for monetary indemnification for the benefit of Guillermo Maqueda or his parents, as well as for
court costs and attorneys' fees relative to the international judicial proceedings currently in progress.
...
8. The commitments hereby made by the petitioners pursuant to paragraphs 4, 5 and 6 are subject to
prior compliance by the State of the commitments made in this same agreement.
19.
The President of the Inter-American Commission and Delegate for this case, Michael
Reisman, expressed on that same day his concurrence with the September 20, 1994 agreement
and affirmed the following:
1. That he shall address the Inter-American Court of Human Rights with an application for
discontinuance of the action brought by the IACHR against the State of Argentina in the Guillermo
Maqueda Case, since this agreement takes into account the interests of the parties and is found to be in
conformity with the spirit and letter of the American Convention on Human Rights.
2. That this shall be done once the representatives of Guillermo Maqueda inform him that they have
ascertained compliance with the commitments made as per the above agreement.
...
4. That at that time he shall ask the Inter-American Court to approve the homologation of the present
agreement and close the proceedings of the Maqueda Case by discontinuance, without a declaration by
the Court on the merits of the case and without setting either indemnification or court costs and
attorneys' fees, at the next regular meeting.
20.
By note of November 8, 1994, the Secretariat, following instructions of the President ad
hoc and pursuant to the provisions of Article 43 of the Rules of Procedure, requested the opinions
of the Government, CEJIL and Human Rights Watch/Americas concerning the discontinuance. The
Court made December 8, 1994 as the deadline for the submission of these observations.
21.
On December 5, 1994 CEJIL and Human Rights Watch/Americas, representing the parents
of Guillermo Maqueda, informed the Court that the parties they represented agreed to the
discontinuance formulated by the Commission. They added that Mr. Maqueda "recovered his
freedom after a commutation of the sentence; and that at this time he is at his home on release