Argentina
29.05.01
Urgent Interventions
Argentina: Arbitrary sanctions against the Advocate Mariano Mansilla
URGENT APPEAL - THE OBSERVATORY
ARG 001/0105/OBS 043
Harassment/Arbitrary sanctions
Argentina
25th May 2001
The Observatory for the Protection of Human Rights Defenders, a joint programme of FIDH and OMCT, requests your urgent intervention in the following situation in Argentina:
Description of the facts :
The Observatory has been informed of acts of repression against Advocate Mariano Mansilla, founder member of the Comité de acción Jurídica de Argentina" CAJ ("Argentine Committee for Legal Action), which is a member of FIDH, allegedly in retaliation for exercising his right to express his opinion in human rights cases which he has defended.
According to information received from the CAJ, the High Court (“Tribunal Superior”) of Neuquen province took a decision to request the local Bar Association (Colegio de Abogados) to take sanctions against Mariano Mansilla. These sanctions will effectively put him at risk of forfeiting the right to exercise his profession. Mariano Mansilla provides his services to the Central de Trabajadores Argentinos (Argentine Central Workers Union) and the Federación Mapuche de Argentina (Mapuche Federation of Argentina).
According to information received, harassment of Mr. Mariano Mansilla started the day after his return from Geneva where, together with his colleague, Advocate Matías Cremonte, he denounced the Argentine state policy of discrimination against Mapuches and immigrants which constitutes a violation of the International Covenant on Social and Economic Rights.
On his return, Mariano Mansilla gave an interview to the newspaper "La Mañana del Sur" during which he expressed his opinion on the cases he handles and was critical of the attitude of the government and of certain sectors of the Neuquen judicial authorities. It is feared that the Neuquen High Court’s decision is in retaliation against the opinions expressed in this newspaper.
The Observatory stresses that the Court's decision is a violation of the right to defend and of freedom of opinion and is in contradiction with the Argentine Constitution (Articles 18 and following).
Action requested :
Kindly write to the Argentine authorities requesting them :
i. to guarantee the physical and psychological integrity of Mariano Mansilla under all circumstances;
ii. to take the necessary steps to guarantee the independence and impartiality of the judiciary and to ensure that arbitrary sanctions are not taken against Mariano Mansilla;
iii. to guarantee the application of the Declaration on Human Rights Defenders adopted by the General Assembly of the United Nations on 9 December 1998, and in particular its first article which states that: "Everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels" and article 12, paragraph 2 which states that "The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration".
iv. in general, to comply with the terms of the Universal Declaration on Human Rights and regional and international mechanisms concerning human rights to which Argentina is a party, in particular, of the International Covenant on Civil and Political Rights and of the American Convention on Human Rights.
Addresses :
S.E. Dr. Fernando de la Rúa, Presidente de la República, Casa Rosada, Balcarce 50 Buenos Aires, CFArgentina
Fax : (+54 11) 4331 6376
e-mail : postmaster@presidencia.gov.ar
Dr. Federico Storani, Ministro del Interior, 25 de Mayo 101, Buenos Aires, Argentina
Fax : (+54 11) 43317005 or 434 26081
e-mail : diredcom@mininterior.gov.ar
Dr. Jorge Enrique de la Rúa, Ministro de Justicia y Derechos Humanos, Sarmiento 329 5° piso (cfte.), Buenos Aires, Argentina
Tel. : (+54 11) 4328 6038/4328 6039 ext. 2561/2562
Fax : (+54 11) 4328 6039
Dra. Diana Conti, Secretaria de Derechos Humanos, Leandro N. Alem 150 PB, Buenos Aires, Argentina
Fax : (+54 11) 4343 2326
e-mail : hyperlink http://www.jus.gov.ar
Don Rafael Manuel Pascual, Presidente de Honorable Cámara de Diputados, Av. Rivadavia 1864, Buenos Aires, Argentina
Fax : (+54 11) 4954 1085
e-mail : rpascual@diputados.gov.ar
Subsecretaría de Derechos Humanos, Ministerio del Interior, Casa de Govierno, Balcarce 50, Buenos Aires Argentina
e-mail : sdh@wamani.apc.org
Dr. Julio Salvador Nazareno, Presidente Corte Suprema de Justicia de Argentina, Buenos Aires, Argentina
Fax : (+54 11) 4371 0721
Tribunal Superior de Justicia de Neuquen
e-mail : tsjetsjnqn@gov.ar
Colegio de Abogados de Neuquen
abognqn@satlink.com
Paris – Geneva, 25th May 2001
The Observatory, a joint programme of FIDH and OMCT is dedicated to the protection of Human Rights Defenders and strives to offer them concrete support in their time of need.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
Tel: FIDH +33 (0) 1 43 55 20 11 - OMCT +41 22 809 49 39
E-mail: observatoire@iprolink.ch
ARG 001/0105/OBS 043
Harassment/Arbitrary sanctions
Argentina
25th May 2001
The Observatory for the Protection of Human Rights Defenders, a joint programme of FIDH and OMCT, requests your urgent intervention in the following situation in Argentina:
Description of the facts :
The Observatory has been informed of acts of repression against Advocate Mariano Mansilla, founder member of the Comité de acción Jurídica de Argentina" CAJ ("Argentine Committee for Legal Action), which is a member of FIDH, allegedly in retaliation for exercising his right to express his opinion in human rights cases which he has defended.
According to information received from the CAJ, the High Court (“Tribunal Superior”) of Neuquen province took a decision to request the local Bar Association (Colegio de Abogados) to take sanctions against Mariano Mansilla. These sanctions will effectively put him at risk of forfeiting the right to exercise his profession. Mariano Mansilla provides his services to the Central de Trabajadores Argentinos (Argentine Central Workers Union) and the Federación Mapuche de Argentina (Mapuche Federation of Argentina).
According to information received, harassment of Mr. Mariano Mansilla started the day after his return from Geneva where, together with his colleague, Advocate Matías Cremonte, he denounced the Argentine state policy of discrimination against Mapuches and immigrants which constitutes a violation of the International Covenant on Social and Economic Rights.
On his return, Mariano Mansilla gave an interview to the newspaper "La Mañana del Sur" during which he expressed his opinion on the cases he handles and was critical of the attitude of the government and of certain sectors of the Neuquen judicial authorities. It is feared that the Neuquen High Court’s decision is in retaliation against the opinions expressed in this newspaper.
The Observatory stresses that the Court's decision is a violation of the right to defend and of freedom of opinion and is in contradiction with the Argentine Constitution (Articles 18 and following).
Action requested :
Kindly write to the Argentine authorities requesting them :
i. to guarantee the physical and psychological integrity of Mariano Mansilla under all circumstances;
ii. to take the necessary steps to guarantee the independence and impartiality of the judiciary and to ensure that arbitrary sanctions are not taken against Mariano Mansilla;
iii. to guarantee the application of the Declaration on Human Rights Defenders adopted by the General Assembly of the United Nations on 9 December 1998, and in particular its first article which states that: "Everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels" and article 12, paragraph 2 which states that "The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration".
iv. in general, to comply with the terms of the Universal Declaration on Human Rights and regional and international mechanisms concerning human rights to which Argentina is a party, in particular, of the International Covenant on Civil and Political Rights and of the American Convention on Human Rights.
Addresses :
S.E. Dr. Fernando de la Rúa, Presidente de la República, Casa Rosada, Balcarce 50 Buenos Aires, CFArgentina
Fax : (+54 11) 4331 6376
e-mail : postmaster@presidencia.gov.ar
Dr. Federico Storani, Ministro del Interior, 25 de Mayo 101, Buenos Aires, Argentina
Fax : (+54 11) 43317005 or 434 26081
e-mail : diredcom@mininterior.gov.ar
Dr. Jorge Enrique de la Rúa, Ministro de Justicia y Derechos Humanos, Sarmiento 329 5° piso (cfte.), Buenos Aires, Argentina
Tel. : (+54 11) 4328 6038/4328 6039 ext. 2561/2562
Fax : (+54 11) 4328 6039
Dra. Diana Conti, Secretaria de Derechos Humanos, Leandro N. Alem 150 PB, Buenos Aires, Argentina
Fax : (+54 11) 4343 2326
e-mail : hyperlink http://www.jus.gov.ar
Don Rafael Manuel Pascual, Presidente de Honorable Cámara de Diputados, Av. Rivadavia 1864, Buenos Aires, Argentina
Fax : (+54 11) 4954 1085
e-mail : rpascual@diputados.gov.ar
Subsecretaría de Derechos Humanos, Ministerio del Interior, Casa de Govierno, Balcarce 50, Buenos Aires Argentina
e-mail : sdh@wamani.apc.org
Dr. Julio Salvador Nazareno, Presidente Corte Suprema de Justicia de Argentina, Buenos Aires, Argentina
Fax : (+54 11) 4371 0721
Tribunal Superior de Justicia de Neuquen
e-mail : tsjetsjnqn@gov.ar
Colegio de Abogados de Neuquen
abognqn@satlink.com
Paris – Geneva, 25th May 2001
The Observatory, a joint programme of FIDH and OMCT is dedicated to the protection of Human Rights Defenders and strives to offer them concrete support in their time of need.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
Tel: FIDH +33 (0) 1 43 55 20 11 - OMCT +41 22 809 49 39
E-mail: observatoire@iprolink.ch