The IACHR advances with a proposal against the dismissal of Moliné O’Connor from the Supreme Court

The IACHR advances with a proposal against the dismissal of Moliné O’Connor from the Supreme Court
The IACHR advances with a proposal against the dismissal of Moliné O’Connor from the Supreme Court


Eduardo Moline O’Connor was removed from his position as judge of the Supreme Court of Justice more than 20 years ago, but this Monday the Inter-American Commission on Human Rights (IACHR) He moved forward with a process initiated by a lawsuit that maintained that, in that removal, his guarantees were violated and he was arbitrarily dismissed.

According to Argentine government sources, the IACHR issued a report favorable to the proposal of Moliné O’Connor (who died in 2014) and his lawyer, and in a critical tone with the process that was carried out against him. This report is confidential – they explained at the IACHR to THE NATION– but according to an Argentine official, he recommended that the country comprehensively repair the “rights violations” committed and adapt domestic legislation by making the modifications required to ensure that sanctioning processes against justice operators meet the necessary standards.

The IACHR gave the Argentine State two months to report the measures adopted to comply with the recommendations.

Eduardo Moliné O’ConnorAP – Archive

Moliné O’Connor was vice president of the Court during the government of Carlos Menem, who appointed him to the court in 1990, when he managed to get Congress to approve the expansion of the highest court, from five to nine judges. He was part of the so-called “automatic majority” that used to rule in favor of Menem. In 2003 he was dismissed after a political trial promoted by the government of Néstor Kirchner.. In June 2004, a Supreme Court made up of fellow judges confirmed his removal. Moline O’Connor He then decided to file a lawsuit against Argentina before the IACHR, of the Organization of American States (OAS).

Last month, after issuing its report, the IACHR addressed the representatives of the Moliné lawsuit to inform them of their “position regarding the submission of the case to the Inter-American Court of Human Rights,” the “foundations on which they consider that the case should be referred to the Court” and its “claims regarding reparations and costs.” The note is signed by Jorge Meza Flores, deputy executive secretary for the System of Petitions, Cases and Friendly Solutions of the IACHR.

Eduardo Moliné O’Connor, during the process against him, in a commission meeting chaired by Cristina Kirchner

Moliné O’Connor was impeached by the Senate December 3, 2003, for two charges related to the Meller case (linked to a million-dollar negotiation with telephone directories): having “judicially legitimized a fraudulent administrative process” and having “arbitrarily abdicated its responsibility to carry out the constitutionality control in the terms of the article 14 of law 48″. 45 senators of the 64 who were present voted to remove him: 36 from the majority Justicialist bloc, three from the UCR, two from the Jujeño Civic Front, one from the Catamarca Civic Front, one from Frepaso, one from the Grande Front and one from the Liberal Party of Currents.


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