retirement; and, second, the fact that the case involved a labor claim that, by its very nature, demanded timely
decisions.
2.5
Conclusion
69.
In light of the above considerations, the Commission concludes that the State did not
adequately explain why Mr. Spoltore’s legal claim for employment compensation took more than 12 years to
be settled and that, consequently, the delay was excessive and violated the guarantee of resolution within a
reasonable time. The Commission further concludes that on account of the foregoing, the proceedings did not
afford an effective remedy for Mr. Spoltore to pursue a claim regarding what he believed to be his right under
domestic law.
VI.
CONCLUSIONS
70.
Based on the legal and factual considerations set out above, the Inter-American Commission
concludes that the Argentine State is responsible for violating the rights to a fair trial and to judicial protection
enshrined in Articles 8.1 and 25.1 of the American Convention, in conjunction with the obligations set out in
Article 1.1 thereof, with respect to Mr. Victorio Spoltore.
VII.
RECOMMENDATIONS
71.
In consideration of the foregoing conclusions,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
RECOMMENDS THAT THE STATE OF ARGENTINA:
1.
Make comprehensive redress for the human rights violations established in this
report with respect to Mr. Victorio Spoltore, in both the material and moral dimensions, including fair
compensation.
2.
Take the steps necessary to ensure that the violations established in this report are
not repeated. In particular, the State should adopt the administrative or other measures necessary to
ensure that judicial proceedings involving labor matters—including those that entail claims for
compensation—are resolved promptly and within a reasonable time in line with the standards
described in this report.
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