accepted the resignation of Mr. and Mrs. Mémoli and informed them that they would be
prohibited from rejoining the Association.5
12. On June 27, 1990, Mr. Carlos Mémoli filed a complaint with the National Mutual
Action Institute [Instituto Nacional de Acción Mutual] (INAM), registered under No.
160/90, alleging that periodic balance sheets had not been submitted by the Treasurer
of the Italian Mutual Assistance Society, Mr. Juan Bautista Piriz.6
13. At the initiative of one of the members of the Governing Committee of the Italian
Mutual Assistance Society, Mr. Antonio Guarracino, a plot of land in the municipal
cemetery was granted by San Andrés de Giles Municipality (North Cemetery), to be
charged to the Association to build niches in order to offer them to its members for
purchase by installment.7
14. Based on the negotiation of said municipal cemetery niches, Mr. Carlos Mémoli
filed a report of alleged fraud with the Second Police Precinct of San Andrés de Giles
against Messrs. Antonio Guarracino, Humberto Romanello, and Juan Bautista Ricardo
Piriz, since, according to Mr. Carlos Mémoli, the niches had been sold with promises of
notarized bills of sale, which were never provided. This report gave rise to Case No.
73679, assigned to the then Criminal Court No. 1 of the Mercedes Judicial Department.
By resolution of June 6, 1990, that court deemed not established the perpetration of
the reported offense and ordered the provisional dismissal of the investigation.8 The
judge decided that it did not constitute fraud, indicating that the accused had erred but
not committed fraud.9
15. Messrs. Antonio Guarracino, Humberto Romanello, and Juan Bautista R. Piriz filed a
criminal action for slander and libel against Carlos Mémoli and his son, Pablo Mémoli.
Said action was based on the content of newspaper articles published in the daily “La
Libertad,” of which Pablo Mémoli was the director in charge, as well as on the contents
of statements made by the plaintiffs on the “Radio Vall” program on two different
occasions.
16. The newspaper articles and radio statements related essentially to alleged
mismanagement of the administration of the Italian Mutual Assistance Society and the
alleged fraud arising from the irregular sale of niches to members of said society.
17. Based on the criminal action, on December 29, 1994, Criminal and Correctional
Court No. 7 of Mercedes Judicial Department convicted Carlos Mémoli to one month of
imprisonment, suspended, for the crime of slander, and Pablo Mémoli to five months of
imprisonment, suspended, for the same offense, awarding costs to both. 10 The decision
was appealed, and upheld by the Second Chamber of the Criminal and Correctional
Court of Mercedes Judicial Department on December 28, 1995.11
18. The judgment was based on remarks characterized as slanderous against the
honor of the plaintiffs. Some of those made by Mr. Carlos Mémoli were: (a) on the
5 Ibid., p. 40.
6 Appeal judgment of the Second Chamber of the Criminal and Correctional Court, op. cit., p. 19.
7 Ibid., pp. 18-19.
8 Ibid., p. 41.
9 Extraordinary Federal Appeal filed by the petitioners with the Supreme Court of Justice of the Nation, p. 5.
10 Judgment of the court of first instance upheld by Criminal and Correctional Judge No.7 of Mercedes
Judicial Department, op. cit., pp. 84-85.
11 Appeal judgment of the Second Chamber of the Criminal and Correctional Court, op. cit., pp. 53-57.