Caso de éxito - Caso Hollman

Hollman Case

What happened?

Juan Carlos Hollman is a 54-year-old man who has been detained preventively for more than 18 years for the crime of aggravated homicide in Argentina and without a final sentence yet. In 2019, he was diagnosed with Colon Adenocarcinoma, a type of cancer that resides in the large intestine (colon), which is a type of cancer that begins in the cells that make up the glands that produce mucus to lubricate the inside of the colon and the straight. Adenocarcinomas are very aggressive and difficult to treat and because the cancer is present in the blood vessels and/or lymphatic vessels of the colon, there is a high probability that the cancer can spread outside the colon to other organs, causing widespread metastasis and death. imminent.

Detainee Hollman had repeatedly requested medical treatment from the Argentine Judicial Authorities, but has not received any medical treatment in more than 2 years, which has put his life at risk and the danger of subsequently irreparable damage to his health. Despite having to perform surgery to remove the tumor, it was not carried out due to delays in processing appointments with oncology doctors, not requesting or not obtaining appointments for the necessary imaging studies, or not arranging transfers to the hospital. to assigned shifts, missing dates among other causes of delay. To illustrate the importance of the problem, the lack of a colon, with adequate treatment, is the second most deadly cancer in the world, and Hollman, not having any treatment for such an aggressive and deadly cancer, was abandoned, condemned to a slow, painful but certain death. , with the aggravating factor that this type of cancer produces severe pain, continuous blood loss, and other disorders that mortify him as a human person, subjecting him to cruel or degrading treatment prohibited by several International Covenants on Human Rights such as Art. XXVI American Declaration of Human Rights. Rights and Duties of Man; Art. 5 Universal Declaration of Human Rights, Art. 10 International Covenant on Civil and Political Rights and Art. 5.1 American Convention on Human Rights.

Given this situation, the IHRCG is an organization that promotes and protects human rights in the American continent, it is respectful of the internal law of each country, which is why first of all, Dr. H. C. José Ángel Ramírez, President of the IHRCG, presented before the Argentine Criminal Judges a request to provide “Urgent” treatment to the detainee Juan Carlos Hollman, informing that if this situation persists, lack of medical treatment for a detained and sick person, it is the responsibility of the Argentine State to guarantee his right to health of every person, an appeal would be made to the Inter-American Commission on Human Rights (IACHR), the main and autonomous body of the OAS in charge of the promotion and protection of human rights in the region.

What did the CIDH do?

Unfortunately, the judicial bodies of Argentina continued with their position of not providing any type of treatment to Juan Carlos Hollman, spending more than two years without receiving oncological treatment or having an appointment for the surgical intervention that was urgent and absolutely necessary. For this reason, a presentation was made with the situation of Juan Carlos Hollman, and above all the Urgency of the problem, where the delay could cost this person his life. The IACHR evaluated the information presented by the lawyer in charge of international issues in Argentina of the IHRCG and once again the IACHR agreed with us by considering that Mr. Hollman was in an extremely serious situation due to his lack of medical attention and that there really was an urgency, from the investigations carried out it was determined that what was stated in the complaint was true and there was an absence of medical treatment and that the State could not fail to comply with its obligations regarding the health of any person, but that it has a special responsibility as guarantor in relation to persons deprived of liberty.

On January 12, 2024, the IACHR issued Resolution 3/2024, through which it granted precautionary measures in favor of Juan Carlos Hollman and requested
Argentina que:

  • Adopt the necessary measures to protect the rights to life, personal integrity and health of Mr. Hollman, providing him with the prescribed medical treatment in a timely and appropriate manner.
  • Agree on the measures to be adopted with the beneficiary and his representative.
  • Report on the actions taken to investigate the events that gave rise to the precautionary measure and prevent their repetition.

What role did the IRHCG play?

The IHRCG was the organization that took an interest in the case and promoted the case of Juan Carlos Hollman before the IACHR, with the objective of guaranteeing the right to health and life of every person in protection of Human Rights, in this case in particular. , this was a person deprived of liberty who suffers from a serious illness and who did not receive adequate medical care, acting with respect for his rights, but also as an act of Humanity.

The representatives of the IHRCG who intervened in coordination in the case were Dr. Mauro Pantaleón Cardoso, International Lawyer and current President of IHRCG ARGENTINA and National Director REVISTA AMÉRICA SIN FRONTERAS, Dr. Gustavo Daniel Prellezo as the lawyer in charge, from Estudio Jco. Integral Federal Cardoso and Asoc. Argentina, to make the presentations before the International Human Rights Organizations in Buenos Aires, Argentina, and Dr. H. C. José Ángel Ramírez, International Coordinator of the IHRCG and founding President of AMERICA SIN FRONTERAS MAGAZINE.

Dr. H. C. José Ángel Ramírez was the one who gave the directives to the delegate in Argentina, Dr. Mauro Pantaleón Cardoso, so that through the delegate lawyers of the International Area, he could make the legal presentations before the IACHR, arguing that Mr. Juan Carlos Hollman was at imminent risk of suffering irreparable damage to his health, with danger to his life, where the State was failing to comply with its international obligations to respect and guarantee the human rights of people deprived of liberty. Dr. Ramírez was also in charge of disseminating the case and the resolution of the IACHR through the media and social networks, in order to raise awareness about the situation of prisoners with serious illnesses in Argentina and on the continent. American.

Mr. Mauro Pantaleón Cardoso as delegate in Argentina, at the request of Dr. H. C. José Ángel Ramírez through the team of lawyers he has, gave the directives to the lawyer of the team that manages the Area of ​​presentations before the International Rights Organizations Human Rights, Dr. Gustavo Daniel Prellezo, to take preventive actions to save life and health, and in defense of Human Rights, prioritizing the protection of what is inherent to the human person, a management that was carried out successfully, because An unprecedented measure was achieved within the domestic law of the country (Argentina) where the IACHR issued a Precautionary Measure (MC-999-23) that with effective measures imposed on the Argentine State the obligation to respect the health and life of the deceased, being an important resolution with which a life was saved, since if this person continued in this physical condition, his death was an imminent consequence. The IHRCG is always at the service of Human Rights, and where there is an unattended primary need, where a person's right is not recognized or violated, it is our duty to advocate for reparation first in domestic law and, in the face of ignorance, present the case to the International Organization to obtain adequate support from any person in the world, without distinction of nationality, condition, creed or race.

Dr. Gustavo Daniel Prellezo took the task of making the international presentation before the IACHR, it is identified as MC-999 in which all the documentation, evidence was presented and the situation was framed within international regulations, so that a Once the admissibility and provenance steps were completed, explanations were requested from the Argentine State, given that they were these, the IACHR granted the request for Precautionary Measure MC-999/23. It is noteworthy that as a result of this measure, positive and concrete actions were taken regarding Hollman's health, and a few days later he was admitted to a State Public Hospital outside the walls (outside the prison), where he has already been subjected to two surgical interventions and is undergoing rehabilitation and clear recovery. Life and health are two of the most important rights of the human person as such, since the absence of these rights makes it impossible to enjoy all other human rights.

What impact did the IACHR resolution have?

The IACHR resolution was an important achievement for the IHRCG and for Mr. Hollman, since it recognized the seriousness of his situation and granted him special protection from the State, a measure that literally saved his life and protected his health, thanks to this timely legal-humanitarian intervention.

Thanks to the intervention of the IHRCG and the IACHR, Mr. Hollman was finally able to access the surgery he needed to treat his colon cancer, as well as the corresponding medications and palliative care that would not have been available otherwise.

Furthermore, the IACHR resolution generated a positive precedent for other similar cases of people deprived of liberty who suffer from serious illnesses and who do not receive adequate medical care in Argentina and on the American continent, because it became evident that in the face of adequate management, it is possible to achieve effective and concrete measures to help people who are suffering, often abandoned by the official organizations of their country, either due to apathy, bureaucracy, political flagging, they forget about people's human rights, whether whether or not they are detained.

The IACHR resolution also demonstrated the importance of the IHRCG's work to defend the human rights of the most vulnerable people in the American continent, and its capacity to act at the international level in cases of seriousness and urgency, which has been made clear today in Argentina but it could be anywhere on the continent; since the IHRCG achieving an unprecedented measure on the preservation of the life and health of a detained person. This showed that, not because it had never been attempted or done before, it was not possible, but rather that we had to not give up and put the necessary diligence in pursuit of a fair and equitable achievement towards a person who requires it.

The resolution of the IACHR was also a recognition of the work and commitment of the representatives of the IHRCG, both Mr. Cardoso, Dr. Prellezo and Dr. Ramírez, each in their role, demonstrated their professionalism, their ethics and their solidarity with Mr. Hollman who put the human before the strictly judicial, since the presentation dealt exclusively with the rest of his health and the imminent risk of losing his life due to lack of treatment. It is possible that they are excited in other parts of the world, other HOLLMANs, waiting for medical treatment or a vital solution that does not arrive, and this helps them know that when they come to the attention of the IHRCG they will not be left without due protection, be it in domestic law. or internationally, that the IHRCG will advocate for the needy and helpless wherever they are.

Know the case files

IACHR resolution on precautionary measures for Juan Carlos Hollman.

This file contains the IACHR resolution that protects the rights of Juan Carlos Hollman, a prisoner with cancer in Argentina who does not receive medical care. The resolution is an example of the work of IRHCG, a human rights organization.

Letter sent to the President of the Silver Court, explaining the Hollman case.

This letter contains the story of the situation of a prisoner with cancer in Argentina who does not receive medical attention. The letter was sent by IRHCG, a human rights organization, and asks the Court to intervene in the case.

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