appealed only with respect to the allocation of attorneys’ fees. In its sentence of
February 22, 1995, the First Chamber revoked the sentence at first instance,
sentenced Mr. Mohamed to a three-year suspended prison sentence, and disqualified
him from driving any vehicle for eight years.
13. The defense filed an extraordinary appeal based on claims that the conviction
violated constitutional guarantees. Among the grounds raised was that the transit
regulations invoked as the basis for the conviction and sentencing had not been in
effect at the time of the traffic accident. In its decision of July 4, 1995, the First
Chamber of the Chamber of Appeals indicated that, while the defense had presented
what was in effect a technical mistake, the conviction had been based on a principle of
objective responsibility that was not subject to dispute; accordingly, the Chamber
declined to accept the appeal for review. The defense then presented an extraordinary
appeal directly before the Supreme Court of the Nation. In a decision of September 19,
1995, the Supreme Court rejected the appeal as inadmissible.
14. The defense then filed an extraordinary appeal before the Supreme Court seeking
revocation of the challenged decision on the basis of the principle of legality and the
right to be heard, set forth in the Constitution, the Universal Declaration of Human
Rights and the American Convention. That appeal was dismissed via a decision of
October 19, 1995, indicating that the challenged decision was not subject to such an
appeal. The petitioners note in this regard that the very same composition of the
Supreme Court had, in 1992, accepted just such a request for revocation.
15. The petitioners consider that the process carried out against Mr. Mohamed violated
Article 9 of the American Convention, which prohibits the imposition of ex post facto
laws. They contend that the First Chamber of the Chamber of Appeals based its
conviction on violations of three provisions of the transit regulations of 1992. Those
regulations were issued on April 27, 1992, subsequent to the traffic accident that took
place on March 16, 1992. They consider that the penalization of conduct as illegal at
the time of sentencing, when it was not illegal at the time of the facts, constitutes a
violation of Article 9 of the American Convention.
16. The petitioners underline that, when the First Chamber of the Court of Appeals
rejected their extraordinary appeal, it admitted that it had made a “material error” in
referring to the regulations of 1992, which had not been in force at the time of the
accident. The Chamber went on, however, to indicate that the penalty imposed had
been based principally on an objective duty of care under the Criminal Code. The
petitioners maintain that no such crime exists under the national legal order. The
petitioners emphasize that Argentine law contains no express norm indicating that a
person who violates the “objective duty of care” shall be convicted and penalized, and
that the legal system does not permit the application of law by analogy or in the
abstract.
17. The petitioners maintain that the Chamber of Appeals applied the Criminal Code
not through a general principle, but by establishing violations of the transit regulations
of 1992. Article 84 of the Criminal Code provides for a penalty ranging from six months
to three years for any person who “through imprudence, negligence or lack of
expertise in his or her art or profession, or failure to observe the regulations or duties
under his or her responsibility, causes the death of another...” (por imprudencia,
negligencia, impericia en su arte o profesión o inobservancia de los reglamentos o los
deberes a su cargo, causare a otro la muerte). The petitioners consider that the