REPORT No. 74/17
CASE 12.656
REPORT ON THE MERITS
VICTORIO SPOLTORE
ARGENTINA
JULY 5, 2017
I.

SUMMARY

1.
On September 11, 2000, the Inter-American Commission on Human Rights (hereinafter “the
IACHR,” “the Commission,” or “the Inter-American Commission”) received a petition lodged by Mr. Victorio
Spoltore (hereinafter “the petitioner” or “the alleged victim”), in which he alleged the responsibility of the
Republic of Argentina (hereinafter “the State,” “Argentina,” or “the Argentine State”) for violating the rights
enshrined in the American Convention on Human Rights (hereinafter “the American Convention” or “the
Convention”) as a consequence of the denial of justice and excessive delay in the judicial proceedings he
brought against his employer, Cacique Camping S.A.
2.
The petitioner claimed that on June 3, 1997, nine years after he filed his suit, judgment was
issued by the Labor Tribunal, and that said Tribunal had discharged the proceedings in a negligent way, in
violation of his human rights, and after an unreasonable amount of time. He stated that on September 2, 1997,
he filed appeals against the first-instance judgment (a recurso de inaplicabilidad, or appeal for reversal of a
decision that contradicts established doctrine, and a recurso de nulidad, or motion to vacate based on
procedural violations) with the Supreme Court of Justice of Buenos Aires, both of which were dismissed on
August 16, 2000—that is, three years after they were filed, with which the entire proceedings had a duration
of 12 years.
3.
The State denied any responsibility for the delay in the proceedings, stating that it was due to
the complexity of the case, to the issue at hand, to the large number of participants in the case, to the normal
and regular exercise of the powers of each of the actors involved, and to the attention paid by the Tribunal to
all the parties’ contentions. The State added that the petitioner did not pursue the case correctly and that there
were delays that were not the State’s responsibility and for which it cannot be blamed.
4.
After analyzing the positions of the parties, the Inter-American Commission concluded that
the State of Argentina was responsible for violating the right to a fair trial and judicial protection enshrined in
Articles 8.1 and 25.1 of the American Convention, in conjunction with Article 1.1. thereof, with respect to Mr.
Victorio Spoltore. Finally, the Commission issued the corresponding recommendations.
II.

PROCESSING OF THE CASE SINCE THE REPORT ON ADMISSIBILITY

5.
On September 11, 2000, the Commission received the petition and registered it as No. 460-00.
Its processing up to the admissibility decision is described in detail in Report No. 65/08 of July 25, 2008. 1
6.
On August 8, 2008, the Commission notified the parties of the admissibility report. Similarly,
in accordance with its Rules of Procedure as then in force, it made itself available to the parties with a view to
reaching a friendly settlement and asked the petitioner to submit his additional comments on the merits within
the following two months. On September 2, 2008, the petitioner presented his additional comments on the
merits, which were conveyed to the Argentine State on March 17, 2009, together with a request that it return
its additional comments on the merits within the following two months. The State reported that it had no
additional comments to offer. The petitioner subsequently continued to submit communications, which were
duly conveyed to the Argentine State.

1

IACHR, Report No. 65/08, Petition 460-00, Admissibility, Victorio Spoltore, Argentina, June 25, 2008.
1

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