10
34
Judge for Criminal and Correctional Matters of the Province of Buenos Aires. On March 14, 1996,
35
Carlos and Pablo Memoli filed an appeal against the general injunction of assets. On April 18, 1996, the
Chamber for Criminal and Correctional Matters of the Department—Appellate Panel II, upheld the general
36
injunction of assets, finding it, “in conformity with the law.” Carlos and Pablo Memoli filed a motion for
37
clarification of this decision; the Chamber denied the motion on April 25, 1996.
51.
Based on the exhibits in possession of the IACHR, it is a fact that the general injunction
of assets, issued against Carlos and Pablo Memoli, was vacated by the court of the Province of Buenos
38
Aires on September 18, 2001. The record also reflects that the measure was issued again on October
31, 2001 by Judge Roberto P. Sanchez, in the context of civil case “Romanello Humberto et al versus
39
Memoli Carlos et al, in re Damages.” The general injunction of assets was also reinstated on October 3,
40
41
42
2006, on May 24, 2007, and October 15, 2008. According to the information provided by the
petitioners and undisputed by the State, the general injunction of assets was still in effect at the time of
43
approval of this report.
52.
Based on the facts that gave rise to the criminal proceeding against Carlos and Pablo
Memoli, and once the criminal conviction was upheld by the Supreme Court of Justice of the Nation, a
civil proceeding was brought as well. On December 29, 1997, Messrs. Humberto Romanello, Antonio
Guarracino and Juan Piriz filed suit for damages against Carlos and Pablo Memoli for the sum of 90,000
44
Argentine Pesos, based on the criminal conviction of the petitioners for the crime of slander. On
34
Annex 10. Judgment issued on March 8, 1996, Pedro Francisco Fernandez, Judge of Court No. 1 for Criminal and
Correctional Matters of Mercedes, ordering “precautionary measure requested on pg. 5 by the plaintiff,” in reference to the request
for general injunction of assets sought by the plaintiffs in the case of “Mr. Antonio Guarracino et al v. Memoli, Pablo et al in re
complaint for wrongful accusation of crime and slander” (page 6). Annex to the original petition of the petitioners of January 28, 1998
(received on February 12, 1998).
35
Annex 11. Brief of Carlos Memoli and Pablo Memoli of March 14, 1996, addressed to the Appellate Chamber for
Criminal and Correctional Matters of the Department, Province of Buenos Aires, Appeal of general injunction of assets, “Mr. Antonio
Guarracino et al v. Memoli, Pablo et al in re complaint for wrongful accusation of crime and slander” (Pages 10-15). Annex to the
original petition of the petitioners of January 28, 1998 (received on February 12, 1998).
36
Annex 12. Judgment issued April 18, 1996. Second Appellate Panel of the Chamber of Criminal and Correctional
Matters of the Department, Province of Buenos Aires, C.57.311 bis, titled “Inc. de inhibición Gral. de Bienes en Causa 78.673”
(page 17). Annex to the original petition of the petitionersof January 28, 1998 (received February 12, 1998).
37
Annex 13. Brief of petitioners of April 1996 addressed to the Appeals Chamber for Criminal Matters of Mercedes,
Motion for Clarification of Judgment (page 18). Annex to the original petition of the petitioners of January 28, 1998 (received on
February 12, 1998). Annex 14. Judgment issued on April 25, 1996, Appellate Chamber for Criminal Matters of Mercedes, C. 57.311
bis Motion for Clarification. Annex to the original petition of the petitioners of January 28, 1998 (received on February 12, 1998).
38
Annex 14. Order issued on September 18, 2001, Case No. 62.821 Memoli Pablo, Motion Gen. Injunct. Assets. Annex
to the communication of the petitioners of January 15, 2009 (received on January 23, 2009).
39
See Annex 15. Communication of Judge Roberto P. Sanchez of November 5, 2001, addressed to the Director of the
Register of Property and Real Property, Civil Court No. 5, Dept. of Mercedes (page 498). Annex to the communication of the
petitioners of January 15, 2009 (received on January 23, 2009).
40
Annex 16. Official Letter issued on October 19, 2006, Judge Martha Rosa Cuesta, with reference to the order of
October 3, 2006 Court No. 1 for Civil and Commercial Matters, precautionary measure no. 1497892/4 “Romanello, Humberto et al v.
Memoli, Carlos et al in re damages” (page 506). Annex to the communication of the petitioners of January 15, 2009 (received on
January 23, 2009).
41
Annex 17. Brief of June 4, 2007 of Alberto C. Salaberry, in reference to the order issued on May 24, 2007, Justice of the
Peace Attorney of San Andres de Giles (page 556). Annex to the communication of the petitioners of January 15, 2009 (received
on January 23, 2009).
42
Annex 18. Order issued on October 15, 2008, Hector Ruben Echave, Federal Judge, Case File No. 53.189 Sec. 1
(page 186). Annex to the communication of the petitioners of January 15, 2009 (received on January 23, 2009).
43
See communications of the petitioners dated October 27, 2008, January 15, 2009, April 30, 2009 (received on May 13,
2009), July 20, 2009 (received on July 27, 2008), and April 28, 2010.
44
Annex 19. Brief of Alberto Salaberry of December 29, 1997, Civil Complaint, “Mr. Antonio Guarracino et al v. Memoli,
Pablo et al in re criminal complaint for wrongful accusation of a crime and slander” (page 4). Annex to the communication of the
petitioners of January 15, 2009 (received on January 23, 2009).