Nora Ribaudo and Eduardo Iglesias in an undated photo.
The Inter-American Court of Human Rights ruled that the Argentine State bears responsibility for the lack of justice in the case of Marcela Brenda Iglesias, a six-year-old girl who died in February 1996 when a large metal sculpture collapsed on her in Palermo parks, Buenos Aires. Nearly three decades later, the Court found that the case ended without an effective judicial outcome and ordered reparations for her parents.
In its decision, the Court held Argentina responsible for violations related to the rights to life, personal integrity, protection of children, and judicial guarantees, both in connection with the incident itself and the subsequent impunity in the investigation.
Reparations, a public apology, and a memorial space
The ruling orders the State to hold a public act acknowledging responsibility and to issue a public apology. It also requires the creation of a memorial and recreational space for children and adolescents in Marcela’s honor. As an Inter-American Court judgment, the measures ordered are binding on Argentina.
Marcela was visiting the area with a summer program group when the sculpture collapsed, injuring two other girls as well. In its assessment, the Court said the State failed to properly regulate, supervise, and inspect the installation of the artwork in a public space without adequate safety measures.
After the accident, a criminal case moved forward to the point where private individuals and public officials were summoned to trial. Years later, however, the prosecution was declared time-barred after the application of rules on limitation periods. The investigation also established that the structure showed signs of deterioration and was inadequately secured given its weight.
Reviewing the judicial proceedings, the Court concluded that the State did not act with the required diligence to move the case forward within a reasonable time. It found that a combination of procedural actions by defendants and shortcomings by judicial authorities contributed to the lack of effective judicial protection for the family.
