the damages arising from the illegal arrests, prolonged detention, and
forced exile suffered by the victims might have prospered; however, the
judge also noted that he could not resolve that action, since that would
have implied an undue application of the principle of jura novit curia
[the court knows the laws]. He went on to say that the events that led
to their absence from work were eminently political in nature, and so
therefore the General Tax Directorate could not be held responsible for
them.
14. Appeals against this decision made by Preckel and Perrone
had two different outcomes. In Mr. Preckel’s case, the appeals chamber
upheld the first-instance judgment because “payment of wages for
services not rendered is inadmissible” and because the rules quoted by
the claimants were applicable to leaves of absences and reasons other
than those involved in the case. It also concluded that it was not
incumbent upon the General Tax Directorate, an autonomous state
body, to bear the burden of redressing the harm caused by any possible
illegal actions by the executive branch. In the proceedings initiated by
Ms. Perrone, the appeals chamber overturned the first-instance
judgement and admitted the substance of the claim.
15. Mr. Preckel filed an extraordinary appeal against these
decisions and, in Ms. Perrone’s case, so did her opponent.
The
petitioner notes that the Supreme Court of Justice of the Nation, in a
ruling dated May 21, 1995, and without analyzing the claims, threw out
Mr. Preckel’s appeal and ruled that the remedy filed by the counterpart
in Ms. Perrone’s case was admissible.
16. The petitioner reports that Ms. Perrone and Mr. Preckel have
been indemnified, on an equal and general basis, in accordance with
Law 24.043.
They maintain that this represents only partial
indemnification, in that it covers only the violations of the rights of
personal freedom, life, and humane treatment, without making any
distinction regarding particular circumstances (education, occupation,
etc.), and excludes indemnification for the employment relationship
existing with the General Tax Directorate. To obtain the indemnification
payment, Ms. Perrone previously withdrew the suit for damages she had
begun against the state, which did not cover the lost earnings from her
employment. However, she never withdrew the administrative actions,
which are the substance of this petition before the Commission. As for
Mr. Preckel, he never filed suit for damages but did collect the
indemnification in accordance with the law.
5