REPORT NO. 4/15
PETITION 582-01
RAÚL ROLANDO ROMERO FERIS
ARGENTINA
JANUARY 29, 2015

I.

SUMMARY

1.
On August 24, 2001, attorneys Mariano Cuneo Libarona, Cristian Cuneo Libarona, José María
Arrieta, and Jorge Eduardo Alcántara--later replaced by attorney Luis Alberto Feris (hereinafter "the
petitioner”)--submitted a petition to the Inter-American Commission on Human Rights (hereinafter "the
IACHR”), concerning the alleged international liability of the Republic of Argentina (hereinafter “the State”)
for the alleged excessive preventive detention, lack of judicial independence and impartiality, and lack of
access to judicial recourse in the criminal trial of Raúl Rolando Romero Feris, (hereinafter "the alleged
victim”), initiated in 1999, in the Province of Corrientes.
2.
The petitioner claims violations of the rights to personal liberty, a fair trial, and judicial
protection enshrined in Articles 7, 8, and 25 of the American Convention on Human Rights (hereinafter “the
American Convention”), and of the duty to respect and guarantee the rights set forth in Article 1.1 thereon.
The State argues that the petition is inadmissible in that it does not describe a possible violation of the
American Convention and is intended to use the IACHR as a court of appeals.
3.
After studying the positions of the parties and whether the petition meets the requirements
set forth in Articles 46 and 47 of the American Convention, the Commission has decided to declare the
petition admissible for examination of the alleged violation of Articles 7, 8, and 25 of the American
Convention, in keeping with Article 1.1 thereof. The Commission has also decided to advise the parties of this
decision, to publish it, and to include it in the Commission's Annual Report to the OAS General Assembly.
II.

PROCEEDINGS BEFORE THE COMMISSION

4.
The petition was registered under number 582-01. On July 27, 2009, the IACHR transmitted
the pertinent sections of the petition to the State. The State presented its observations on January 14, 2011,
and these were conveyed to the petitioner on January 19, 2011.
5.
On February 10 and 26, 2011, the petitioner presented his observations to the IACHR. On
March 21 and July 1, 2011, the State presented its observations to the IACHR. On July 18, 2011, the petitioner
presented his observations, which were conveyed to the State.
6.
On March 27, 2013, the petitioner submitted additional information and requested that the
Commission rule the petition admissible. This pleading was transmitted to the State for its information. On
August 20, 2013, the petitioner again requested that the petition be found admissible.
III.

POSITIONS OF THE PARTIES

A.

Position of the petitioner

7.
As background, the petitioner states that the alleged victim is an entrepreneur who was
continuously active in politics and government. He states that the alleged victim was elected Intendant of the
Province of Corrientes (hereinafter “the Province”) in 1997, through 1999, when he was deprived of liberty
because of lawsuits against him concerning alleged acts of corruption.
8.
He says that, in 1999, the Justice Workers Union of Corrientes and the former city mayor
lodged a criminal accusation against the alleged victim, among other persons, for offenses against the public
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