enshrined in Article 8(2)(h) of the American Convention in accordance with the
standards outlined in the report on the merits.” In its final oral and written observations,
the Commission added that at present in Argentina, a person convicted in a second
instance proceeding for the first time “in the so-called national system and in many of
the provincial systems” would only have recourse to “the special federal appeal, a
remedy that does not satisfy the requirements of the American Convention.” Therefore,
it requested that, “in addition to the measures of reparation in favor of Mr. Mohamed [,]
the Court order measures of non-repetition so that the State [...] adapts its domestic
legislation which continues to prevent those convicted for the first time in a second
instance proceeding from having the right to a comprehensive review, as granted by the
American Convention.” Similarly, in its final observations, the Commission stated that
“the legal precedents cited by the State in its answer brief are not relevant, since they
refer to the amplitude of the cassation appeal and not to the special federal appeal,
which remains the only means of challenging convictions issued at the second instance.”
159. The representatives requested that, as a measure of non-repetition related to the
right to appeal the judgment protected in Article 8(2)(h) of the Convention, the Court
order the State to introduce “a legal amendment that ensures a timely, effective, and
accessible recourse against a conviction issued by any court” and argued that “this
measure alone would not be [...] enough for [Mr. Mohamed], as he would not see the
benefits of the measure since they would be reflected in future cases.” Furthermore, the
representatives also requested that, “in order to avoid multiple criminal prosecutions,
which may lead a person to be subjected to the risk of being tried and convicted more
than once for the same act,” to order a “legal amendment that prevents appeals by the
accusers against an acquittal rendered in a regular proceeding.” They further requested
the “legal amendment of Article 280 of the Code of Civil and Commercial Procedure of
Argentina [...] so as to prevent the groundless denial of special appeals in which
constitutional matters are discussed or in which clauses of Declarations or Conventions
on Human Rights are brought into play.”
160. The State argued that regarding the demand for the “adaptation of domestic law,
it is appropriate to […] describe the development that has occurred in Argentina in
relation to criminal procedure in the fourteen years it took to process this case before
the Inter-American Commission.” Argentina referred to decisions of the Supreme Court,
such as: the case of "Giroldi" (1995), in which it recognized that the guarantee of the
“right of appeal” is a constitutional principle; the case of "Jauregui" (1998), wherein the
Supreme Court “alluded explicitly to the possibility of applying the American Convention
[...] to its domestic law and therefore guaranteeing the right to a second hearing” and
the case of "Casal" (2005), in which the Attorney General's Office rendered an opinion
stating that “[t]he Inter-American Court [...] in the case of Herrera Ulloa established the
compulsory nature of the second hearing to ensure a comprehensive review of
judgments,” and in which ruling the Supreme Court had determined the need to “pave
the way for the interpretation required by the Constitution on the issue of judicial
review.” Likewise, the State held that the ruling [in the case of ] “Casal” refers not only
to the American Convention and the Covenant on Civil and Political Rights but also
alludes to the decisions of international bodies such as the Human Rights Committee and
the judgment of the Inter-American Court in the case of Herrera Ulloa, and that “in said
ruling, the country’s highest court said that Art. 456 [of the national Code of Criminal
Procedure] should be interpreted to mean that it allows for a comprehensive review of
the judgment, as extensive as possible with the maximum effort of review by the
cassation judges, according to the scope and records of each particular case.” According
to Argentina, these decisions of the Supreme Court led to the establishment of the
“doctrine of the right to a comprehensive review”, as contained in “[the] guarantee of
the right to appeal, which includes the possibility of challenging both the law and […]
also in relation to the evidence.” The State affirmed that “no legislative change is
necessary to ensure compliance with Art. 8(2)(h) of the Convention in the local
jurisdiction, since Article 456 [of the Code of Criminal Procedure], in the interpretation
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