6 alleges that the two judges were not sanctioned for acting against the daily newspaper “La Libertad,” but rather “confronted with the tasks inherent to them, [the Court] found that it affected proper functioning of the service of justice.” Lastly, the State notes that the aforementioned judges were only sanctioned with “warnings” and not with a harsher sanction, because of “the lack of seriousness of the offense and the absence of a history of disciplinary actions of both judges.” IV. PROVEN FACTS 37. In April 1989 Mr. Carlos Memoli became a Vice Secretary of the Executive Board of the Italian Mutual Benefit Society of San Andres de Giles, which among other activities, organized Italian 1 language courses for the local community. In late 1989, the Executive Board of the Italian Society refused admission of Mr. Carlos Memoli’s spouse, Mrs. Daisy Sulich de Memoli, as a language course 2 teacher’s assistant. On November 23, 1989, the Executive Board decided to suspend the Memolis from the association for 24 months. On April 6, 1990, Mr. Carlos Memoli sent out certified letters to the Board, alleging failure to publish the quarterly balance statements on the Society’s activities and accusing its members of irregular conduct pertaining to promises of sale/purchase of burial vaults in the municipal 3 cemetery. 38. The decision of the Executive Board to suspend the Memolis for 24 months was ratified 4 at the Regular Meeting of the General Assembly of the Italian Society on May 11, 1990. During said Regular Assembly Meeting, the Mutual Benefit Society decided to include on the order of business of the following year’s Regular Meeting of the General Assembly deliberations on the expulsion of Carlos Memoli and his wife Daisy Sulich de Memoli. After being notified of said decision, the two of them resigned from their membership. The executive officers of the Italian Society accepted the resignation of 5 the couple and informed them that they would be prohibited from rejoining the association. 39. On June 27, 1990, Mr. Carlos Memoli filed a complaint with the National Institute of Mutual Benefit Associations (INAM) [the federal government regulatory agency of associations], under the number 160/90, alleging failure of the treasurer of the Italian Mutual Benefit Society, Mr. Juan Bautista 6 Piriz, to release periodical balance statements. 40. At the initiative of one of the members of the Executive Board of the Italian Mutual Benefit Society, Mr. Antonio Guarracino, the concession of a parcel of land in the Municipal Cemetery (Cementerio Norte) was obtained from the Municipal Government of San Andres de Giles, making the association responsible for the construction of burial vaults, in order to offer them to its members in 7 exchange for dues payments. 1 Annex 1. Brief of October 8, 1996, from the petitioners, addressed to the Supreme Court of Justice of the Province of La Plata, in re. Federal Appeal to Supreme Court, pg. 2. Annex to the original petition of the petitioners of January 28, 1998 (received on February 12, 1998). 2 Annex 2. Appellate Court Judgment issued on December 28, 1995, Second Appellate Chamber for Criminal and Correctional Matters of the Judicial Department of Mercedes, Ca. 55964, case titled “Salabery, Alberto et al, vs. Memoli, Carlos et al in re Complaint for wrongful accusation of a crime and slander,” pg. 18. Annex to the original petition of the petitioners of January 28, 1998 (received on February 12, 1998). 3 Annex 3. Trial court judgment issued on December 29, 1994, Court for Criminal and Correctional Matters No. 7 of the Judicial Department of Mercedes. Case No. 71.114, pg. 40. Annex to the original petition of the petitioners of January 28, 1998 (received on February 12, 1998). 4 Annex 3. Trial court judgment issued on December 29, 1994, Court for Criminal and Correctional Matters No. 7 of the Judicial Department of Mercedes, pg. 40. 5 Annex 3. Trial court judgment issued on December 29, 1994, Court for Criminal and Correctional Matters No. 7 of the Judicial Department of Mercedes, pg. 40. 6 Annex 2. Appellate court judgment issued on December 29, 1995, Court for Criminal and Correctional Matters No. 7 of the Judicial Department of Mercedes, pg. 19. 7 Annex 2. Appelate court judgment issued on December 28, 1995, Court for Criminal and Correctional Matters No. 7 of the Judicial Department of Mercedes, pg. 18-19.