2
8.
On January 15, 2009, the petitioners submitted additional arguments on the merits, which
were forwarded to the State on March 4, 2009.
9.
On March 11, 2009, after granting an extension to the State, the Commission received a
communication from it reiterating its prior arguments on the merits and requesting the IACHR to “reject
the arguments on the merits put forth by the petitioner.” On July 6, 2009, these arguments were
forwarded to the petitioners.
10.
On May 13, 2009, July 27, 2009 and September 4, 2009, the Commission received
additional arguments on the merits from the petitioners, which were forwarded to the State on July 6,
2009, August 11, 2009, and September 17, 2009, respectively.
11.
On August 11, 2009 and September 18, 2009, the State submitted additional briefs,
reiterating its arguments on the merits from earlier briefs. These communications were forwarded to the
petitioners on August 24, 2009 and November 23, 2009, respectively.
12.
The IACHR received additional arguments from the petitioners on February 1, 2010, April
28, 2010 and April 28, 2011, requesting a ruling on the merits of the case and providing copies of parts of
the record of the proceedings in the civil case.
III.
POSITION OF THE PARTIES
A.
Petitioners
13.
The petitioners contend that the Executive Officers of the Italian Mutual Benefit Society
engaged in the irregular sale of burial vaults in the cemetery of the Municipality of San Andres de Giles
over a five year period, promising official title to the vaults, which were never provided. They charge that
the Municipal Government gave land to the Italian Mutual Benefit Society for a period of 40 years at the
symbolic price of one peso in order to create an “Italian pantheon” at the cemetery, through sales carried
out by a public notary, a Justice of the Peace, a mayor and 12 city council members. The petitioners
argue that the members who bought vaults from the Italian Mutual Benefit Society paid 20 pesos per
month over 36 months without receiving “any property at all.” They claim that Mr. Carlos Memoli filed a
criminal complaint about these acts and that the Judge overseeing the case investigation found the burial
vaults in the municipal cemetery negotiated by the Italian Society to be an “impossible subject of a
contract and naturally invalid.”
14.
The petitioners note that the daily newspaper “La Libertad,” of which Mr. Pablo Memoli
was managing editor, published articles denouncing the alleged irregularity in the sale of the burial vaults
at the municipal cemetery, as well as alleged mismanagement of the Italian Mutual Benefit Society. They
further contend that on two occasions they participated in broadcasts on “Radio Vall” during which they
denounced the same acts. They allege that based on the aforementioned denunciations, Messrs.
Antonio Guarracino, Humberto Romanello and Juan B. Piriz, respectively president, secretary and
treasurer of the Italian Mutual Benefit Society, filed a private criminal action (querella) against the alleged
victims for the crimes of calumny (calumnia) and slander (injuria), as provided for in Articles 109 and 110
of the Criminal Code of Argentina.
15.
On December 29, 1994, the alleged victims were convicted under a judgment issued by
Judge No. 7 for Criminal and Correctional Matters of the Judicial Department of Mercedes. Said decision
was upheld on appeal in a judgment issued by the Second Appellate Chamber for Criminal and
Correctional Matters of the Judicial Department of Mercedes on December 28, 1995. The petitioners
indicated that they presented a series of remedies challenging this decision, the final one being a a
motion for reconsideration of an interlocutory decision (recurso de reposición) denied by the Supreme
Court of Justice of the Nation on December 16, 1997.
16.
The petitioners state that on December 30, 1997 a civil suit was brought against them for
the same offenses that were the subject of the private criminal action (querella) for damages, eight years