Practice Relating to Rule 100. Fair Trial Guarantees
Section M. Right to appeal
Argentina’s Law of War Manual (1969) provides: “Any prisoner of war has the right, under the same conditions as the members of the armed forces of the [Detaining Power], to make an appeal against any sentence pronounced against him.”
The manual further provides that the “proceedings shall foresee the right to appeal for the persons [placed in assigned residence or interned]”.
With respect to occupied territory, the manual states:
Any sentenced person has the possibility to use the recourse prescribed in the legislation which applies to the tribunal … If the legislation which applies to the tribunal does not foresee possibilities of appeal, the sentenced/convicted person shall have the right to appeal the sentence in front of the competent authority of the Occupying Power.
Argentina’s Law on the Protection of Children’s and Adolescents’ Rights (2005) states:
Article 27 (Minimum procedural guarantees. Guarantees in judicial or administrative proceedings)
In any judicial or administrative proceedings affecting children and adolescents, the governmental bodies shall guarantee [that children and adolescents enjoy] the following rights and guarantees, in addition to all those rights provided for in the National Constitution [of Argentina], in the Convention on the Rights of the Child, in international treaties ratified by the Argentine Nation and any laws promulgated in consequence of such treaties:
e) To appeal to a superior body against any decision affecting him or her.