addition, based on the conclusions of Chapter IX of this Judgment, the Court establishes that
the State should immediately revoke the precautionary measure of injunction against the sale
or encumbrance of property imposed on Messrs. Mémoli. The State must provide a report on
compliance with this measure within three months of notification of this Judgment.
B.2) Measure of satisfaction: publication and dissemination of the
Judgment
207. Even though the publication of this Judgment has not been requested, as it has
decided in other cases, 339 this Court establishes that the State must publish, within six
months of notification of this Judgment: (a) the official summary of the Judgment prepared by
the Court, once, in the official gazette, and (b) the Judgment in its entirety, available for one
year, on an official website.
B.3) Guarantee of non-repetition
208.
The Commission asked that “the necessary measures [be adopted] to prevent the
repetition of similar situations with regard to the disproportionate duration of civil
proceedings and injunctive measures under the conditions noted.” The representatives asked
that the State “find ways to ensure that due process of law is respected in the different
jurisdictions, which will guarantee fairness and equality between the parties in a [proceeding,
which should be decided within] a reasonable time.” The State indicated that the
Commission’s recommendations with regard to the civil case “stem from an erroneous
assessment of the judicial procedure established by Argentina’s legal system,” and argued
that “its request regarding the ‘necessary measures’ to decide the case and prevent the
repetition of similar situations is very imprecise.” In addition, it indicated that the Argentine
legal system “regulates the proceeding for damages based on the dispositive principle,” and
that the legal “instruments [to control and limit the scope of a precautionary measure] have
been used incorrectly by the presumed victims.”
209. This Court emphasizes that neither the Commission nor the representatives provided
arguments or information revealing that the regulation of the civil proceeding applied in this
case had normative shortcomings as regards the disputes in this case. Consequently, it is not
necessary to order a measure of reparation in this regard.
C.
Compensation
C.1) Pecuniary damage
210. The Commission asked the Court to compensate Messrs. Mémoli “for all pecuniary and
non-pecuniary losses suffered by Carlos and Pablo Carlos Mémoli as a result of the
violations established [in this case].”
211. The representatives asked that the Court order the State “to provide compensation for
the material losses suffered.” In this regard, they asked that the State be ordered to pay
Pablo Mémoli, as consequential damage, the sum of US$44,362.00 (forty-four thousand three
hundred and sixty-two United States dollars) “for the expenses incurred before the domestic
and the inter-American systems to date,” as well as for specific amounts paid as part of the
sentence or to have access to justice, in the domestic proceedings. In addition, they asked
that the State be ordered to pay Pablo Mémoli the sum of US$50,000.00 (fifty thousand
339
Cf. Case of Cantoral Benavides v. Peru. Reparations and costs. Judgment of December 3, 2001. Series C No.
88, para. 79, and Case of Suárez Peralta v. Ecuador, supra, para. 189.
76
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