no corresponding service has been rendered.” In addition, the State
maintains that Ms. Perrone and Mr. Preckel are entitled to request,
without application of any statute of limitations, recognition of their
periods of inactivity for the purposes of their retirement alone, even
though they shall not be paid their salaries because no corresponding
services were rendered.
21. As regards the exhaustion of domestic remedies, the State
notes that Mr. Preckel and Ms. Perrone began and concluded a domestic
claim, through contentious-administrative channels, against the State as
employer, but that they have not exhausted domestic remedies in the
sense of Article 46(1).a of the Convention because those remedies were
not appropriate. The suit they filed in June 1988 should have addressed
the State’s noncontractual liability for damages arising from their arrest
and subsequent removal from their jobs and, in such a case, could have
covered the claims set forth herein. If such was the intent, the State
holds, then the course chosen was not the correct one. The State claims
that the job-related legal action was initiated in June 1988, before Law
24.043 established the State’s compensation policy, under which both of
them received redress that excluded all other indemnification. Moreover,
when they went before the courts in 1988, they were uncertain about
the existence of an administrative channel for redress, since the
corresponding procedure began with Decree 70/91, which was published
in the Official Bulletin on January 16, 1991.
22. The State maintains that the suits they filed were clearly
grounded on their relationship of dependence with an autonomous body,
and that those suits could not be considered actions for damages by
virtue of a generous application of the principle of jura novit curia [the
court knows the laws] because that would have implied ignoring the
letter thereof. The State concludes that the object of the suit and the
identification of the responsible area of government–the General Tax
Directorate–do not allow the object of the suit in question to be turned
into a damages suit.
23. The State notes that the General Tax Directorate is
completely unconnected to the causes behind the arrests, which were
ordered by the Interior Ministry; consequently, there is no legal
possibility of it assuming responsibility for decisions adopted by another
agency. As regards the processing of the domestic legal action, there
are rules that clearly indicate what bodies are responsible for
representing the State at trial in different situations. Hence, remedies
for reaching a judicial ruling on the question of their earnings did exist,
but they were neither invoked nor exhausted.
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