21 constitute semi-plena probatio of commission of the crime of military fraud […].” 66 The pretrial detention took place inside the installations of several Air Brigades 67 and included the right to free days (called regular, special or exceptional “leave”). 68 72. On November 20, 1980, the Military Judge of Criminal Investigation issued a general order to freeze the possessions of nine of the alleged victims as a precautionary measure. 69 73. On December 6, 1980, the case was turned over to Military Court of Criminal Investigation No. 1.70 On October 4, 1982, the case was remitted to the Supreme Council of 66 Cfr. Orders on procedural status handed down by Military Judge of Criminal Investigation No. 12 (evidence file, folios 6468 to 6488); in the case of Mr. Enrique Pontecorvo, Ruling No. 003/95 “C,” issued by the General Department of Military Personnel on August 31, 1995 on enforcement of the final and non-appealable judgment handed down by the Supreme Council of the Armed Forces (hereinafter Ruling 003/95 “C”), states that pretrial detention had begun on September 29, 1980; regarding Mr. José Eduardo Di Rosa, Ruling No. 003/95 “C” states that pretrial detention had begun on September 30, 1980, but the State maintained that the pretrial detention had begun on October 11, 1982, and the Inter-American Defenders set the beginning date at September 22, 1980; pretrial detention of Mr. Aníbal Ramón Machín began on September 19, 1980; Mr. Carlos Julio Arancibia, according to the State, had been placed in pretrial detention on September 25, 1980, although the representatives maintained that the pretrial detention had in fact begun on September 17, 1980, and Ruling No. 003/95 “C” set September 22, 1980 as the beginning date of the pretrial detention; regarding Mr. Ricardo Omar Candurra, the representatives stated that pretrial detention had begun on September 20, 1980, the State set the beginning date on September 25, 1980, and Ruling No. 003/95 “C” cited September 25, 1980; pretrial detention of Mr. Miguel Ángel Maluf began on September 26, 1980; pretrial detention of Mr. Juan Italo Óbolo began on September 23, 1980; pretrial detention of Mr. Alberto Jorge Pérez began on October 7, 1980; pretrial detention of Mr. Félix Oscar Morón began on September 19, 1980; pretrial detention of Mr. Ambrosio Marcial began on September 23, 1980 (file on the merits, folios 1004 to 1011, 1912, 2194, 2269, 12099, 12103 and evidence file, folios 12099 to 12103). 67 Regulations on Military Justice for the General Staff of the Air Force (Order No. 4093, July 5, 1968) state in paragraph 225: “ […](1) Rigorous pretrial detention: junior officers and troops placed in rigorous pretrial detention shall be assigned as provided for in the Law on Military Personnel and held in a suitable facility within the agency where they were assigned at the time they went into pretrial detention, or if facilities are not suitable, in the place ordered by the investigating prosecutor, if no military installation for this purpose is available under the jurisdiction of the Air Force […];” certification by the Supreme Council of the Armed Forces on February 19, 1985 on proceedings against Mr. Miguel Oscar Cardozo, stating that he was being held in rigorous pretrial detention in the First Air Brigade; petition by the defense of Mr. Félix Oscar Morón to change the venue of rigorous pretrial detention, November 6, 1980; report by Military Judge of Criminal Investigation No. 1, dated August 29, 1984, verifying that Mr. Félix Oscar Morón was being held in rigorous pretrial detention in the First Air Brigade (evidence file, folios 6562, 7885, 7963 and 13134). 68 Communication by the Head of the Air Brigade to Military Judge of Criminal Investigation No. 1 (evidence file, folio 6486); Air Force personnel in the process of investigation were placed under a system (Law No. 353/82) that provided two kinds of leave (free days), regular and exceptional. Such leave “[m]ay be granted by the head of the unit, twice a year, for a term of up to SEVEN (7) days, at an interval of at least THREE (3) months between the two, and may include Christmas, New Year's Day, Independence Day or a family or personal event scheduled in advance,” and under exceptional circumstances, “[m]ay be granted by the head of the unit for the least amount of time necessary to serve their purpose, in the following instances: (1) For surgery or special health treatment prescribed by the military medical authority and requiring the applicant's presence in a place off the base. (2) For death, accident or serious illness of a direct family member if death appears imminent. (3) For flood, fire, serious loss or other calamity in the person's private home. (4) For any other unforeseen circumstance that is considered a contingency and that requires the immediate, indispensable presence of the inmate to resolve, prevent or mitigate the effects. […] This type of leave may be granted to personnel who have not yet completed THREE (3) months of service or who are not entitled to leave, but in all cases, the inmate shall be escorted by guard personnel” (evidence file, folio 14505 and 14506). 69 General freeze on the sale or encumbrance of property for Mr. Nicolás Tomasek, Mr. Julio César Allendes, Mr. Enrique Jesús Aracena, Mr. Gerardo Félix Giordano, Mr. Horacio Eugenio Oscar Muñoz, Mr. Ambrosio Marcial, Mr. Hugo Oscar Argüelles, Mr. Miguel Oscar Cardozo, Mr. Félix Oscar Morón, ordered by Military Judge of Criminal Investigation No. 12 on November 20, 1980 (evidence file, folios 6915 to 6925). 70 Order for transfer of proceedings, December 6, 1980 (evidence file, folios 6930 to 6931).

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