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REPORT No. 173/10
CASE 11.618
OSCAR ALBERTO MOHAMED
MERITS
ARGENTINA
November 2, 2010

I.

SUMMARY

1.
On March 18, 1996, the Inter-American Commission on Human Rights
(hereinafter “Inter-American Commission,” “Commission,” or “IACHR”) received a petition filed
by Oscar Alberto Mohamed and attorney Roque J. Mantione (hereinafter “the petitioners”),
which it registered with number 11.618.
2.
The petition alleged the international responsibility of the Republic of Argentina
(hereinafter “the Argentine State” or “the State”) because the courts allegedly applied a criminal
law retroactively in Mr. Mohamed’s trial for negligent homicide arising from a traffic accident. It
alleged that the State had failed to guarantee Mr. Mohamed’s right to a review of his conviction,
since he was acquitted at first instance and then convicted at second instance, allegedly without
any access to further judicial review.
3.
The State, for its part, indicates that Mr. Mohamed was convicted in accordance
with the requirements of national and international law. It maintains that Mr. Mohamed had
access to two instances of review, namely before the courts of first and second instance. The
State maintains that the conviction was imposed in accordance with the terms of its Criminal
Code, adopted prior to the facts.
4.
In Report No. 02/05, approved on February 22, 2005, the Commission
concluded that petition 11.618 was admissible, because “the petitioners have stated claims
concerning alleged violations of the right to appeal a judgment to a higher court, as well as to
freedom from ex post facto laws, which, if consistent with other requirements and shown to be
true, could tend to establish the violation of rights protected under Articles 8, 9, and 1.1 of the
American Convention.” It also concluded that “bearing in mind the claims raised concerning the
right to judicial guarantees, protection and review, and the principle of jura novit curia, in its
decision on the merits the Commission will, to the extent relevant, also examine the potential
application of Article 25 of the American Convention, concerning the right to judicial protection,
and Article 2, concerning the obligation to give domestic legal effect to the rights set forth
therein.”
5.
Based on the considerations of fact and law presented in the present report, the
Inter-American Commission, at its 140th regular session, concludes that the Argentine State
violated Oscar Alberto Mohamed’s right to respect for the principle of legality, to due process,
and to judicial protection established in articles 9, 8.2.h and c., and 25.1 of the American
Convention in connection with Article 1.1 of the same treaty. The Commission also concludes
that the Argentine State violated Article 2 of the American Convention.
II.

PROCESSING SUBSEQUENT TO ADMISSIBILITY REPORT No. 02/05

6.
On February 22, 2005, the IACHR adopted Report No. 02/05, which declared
the admissibility of petition 11.618 concerning Oscar Alberto Mohamed. The parties were
notified of the decision by note of March 11, 2005, with a request for its merits observations
within two months to the petitioners. At the same time, the IACHR placed itself at the disposal

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